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10-71467•Alba Yaneth Calderon- Hernandez v. ERIC H. HOLDER, Jr., Attorney General
10-71467Court of Appeals for the Ninth CircuitMay 23, 2012
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NOT FOR PUBLICATION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
ALBA YANETH CALDERON-
HERNANDEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71467
Agency No. A070-783-941
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Alba Yaneth Calderon-Hernandez, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ order dismissing her
appeal from an immigration judge’s decision denying her motion to reopen
FILED
MAY 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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10-71467 2
removal 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,
Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir. 2009), and we deny the
petition for review.
The agency was within its discretion in denying Calderon-Hernandez’s
motion to reopen for failure to establish that “exceptional circumstances” caused
her absence from her scheduled hearing. See 8 U.S.C. § 1229a(e)(1); Celis-
Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir. 2002).
Calderon-Hernandez’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
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