Zuheir Y. Alkour 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NOT FOR PUBLICATION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
ZUHEIR Y. ALKOUR,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74214
Agency No. A095-668-117
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Zuheir Y. Alkour, a native and citizen of Syria, petitions for review of the
Board of Immigration Appeals’ 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. Reviewing for abuse of
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-74214 2
discretion, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008), we deny the
petition for review.
The agency did not abuse its discretion in denying Alkour’s motion to
reopen because the evidence he submitted was insufficient to establish
“exceptional circumstances.” See Celis-Castellano v. Ashcroft, 298 F.3d 888,
891-92 (9th Cir. 2002). Accordingly, Alkour’s due process claim fails. See Lata v.
INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a petitioner to prevail
on a due process claim).
PETITION FOR REVIEW DENIED.

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