Manuel De Jesus Asij Garcia 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NOT FOR PUBLICATION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
MANUEL DE JESUS ASIJ GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71736
Agency No. A099-066-053
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.
Manuel de Jesus Asij Garcia, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his motion to reopen removal
proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252.
FILED
SEP 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-71736 2
We review for abuse of discretion the denial of a motion to reopen and review de
novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785,
791-92 (9th Cir. 2005). We deny the petition for review.
The agency acted within its discretion in denying Asij Garcia’s motion to
reopen because he did not establish that his failure to appear inside the courtroom
was on account of exceptional circumstances. See 8 C.F.R. § 1003.23(b)(4)(ii). It
follows that his due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th
Cir. 2000).
PETITION FOR REVIEW DENIED.

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