From Casetext: Smarter Legal Research

Torres-Resendez v. Holder

United States Court of Appeals, Ninth Circuit
Jul 21, 2011
445 F. App'x 9 (9th Cir. 2011)

Opinion

No. 10-70076.

Submitted July 12, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

July 21, 2011.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A023-547-740.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Eulalio Torres-Resendez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his motion to reopen deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The agency did not abuse its discretion in denying Torres-Resendez's motion to reopen on the ground that the presented medical documentation was insufficient to establish Torres-Resendez had a "reasonable cause" for failing to attend his hearing. See 8 U.S.C. § 1252(b) (1982), Matter of Haim, 19 I. N. Dec. 641, 642 (BIA 1988) (alien must demonstrate through affidavits or other evidentiary material he had a "reasonable cause" for failing to appear).

Torres-Resendez's remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.


Summaries of

Torres-Resendez v. Holder

United States Court of Appeals, Ninth Circuit
Jul 21, 2011
445 F. App'x 9 (9th Cir. 2011)
Case details for

Torres-Resendez v. Holder

Case Details

Full title:EULALIO TORRES-RESENDEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 21, 2011

Citations

445 F. App'x 9 (9th Cir. 2011)