Illia Suhaka v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ILLIA SUHAKA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70607
Agency No. A089-677-450
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Illia Suhaka, a native of the former Soviet Union and a citizen of Belarus,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s denial of his motion to reopen removal
proceedings conducted in absentia. We have jurisdiction under 8 U.S.C.
FILED
SEP 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70607 2
§ 1252. We review for abuse of discretion the denial of a motion to reopen, Chete
Juarez v. Ashcroft, 376 F.3d 944, 947 (9th Cir. 2004), and we deny the petition for
review.
The agency did not abuse its discretion in denying Suhaka’s motion to
reopen on the ground that his failure to maintain regular contact with his attorney
did not constitute exceptional circumstances beyond his control that would excuse
his failure to appear. See 8 U.S.C. § 1229a(e)(1); Vukmirovic v. Holder, 640 F.3d
977, 978-79 (9th Cir. 2011) (petitioner’s failure to know about removal hearing
because he had moved without advising his lawyer or immigration court of his
whereabouts did not constitute exceptional circumstances).
Suhaka’s remaining contention is unavailing.
PETITION FOR REVIEW DENIED.

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