Testo completo
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NOT FOR PUBLICATION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
SHUIQUAN CHEN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73369
Agency No. A089-781-073
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Shuiquan Chen, a native and citizen of China, petitions pro se for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s denial of his motion to reopen proceedings held in absentia.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
FILED
OCT 01 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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12-73369 2
denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.
2011), and we deny the petition for review.
The agency acted within its discretion in denying Chen’s motion to reopen
for failure to present sufficient evidence to establish that his failure to appear was
because of exceptional circumstances. See 8 C.F.R. § 1003.23(b)(4)(ii); Celis-
Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir. 2002).
PETITION FOR REVIEW DENIED.
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