Ricardo Topete Curiel 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
LA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICARDO TOPETE CURIEL,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-71639
Agency No. A091-107-546
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Ricardo Topete Curiel, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) order denying his motion to reopen removal proceedings conducted
FILED
JAN 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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LA/Research 06-71639 2
in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing for
abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.
2002), we deny the petition for review.
The IJ did not abuse her discretion in denying Topete Curiel’s motion to
reopen because he did not meet his burden to establish that his panic attack
constituted “exceptional circumstances” under 8 U.S.C. § 1229a(e)(1). See id. at
892 (agency properly denied motion to reopen supported only by alien’s
declaration that he suffered an asthma attack and hospital form that did not indicate
severity of illness).
Petitioner’s remaining contentions are not supported by the record.
PETITION FOR REVIEW DENIED.

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