Luis Machuca 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NOT FOR PUBLICATION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
LUIS MACHUCA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73845
Agency No. A089-589-762
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.
Luis Machuca, a native and citizen of Mexico, 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. We review the denial of a
FILED
SEP 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73845 2
motion to reopen for abuse of discretion, Hamazaspyan v. Holder, 590 F.3d 744,
747 (9th Cir. 2009), and we deny the petition for review.
The agency did not abuse its discretion in denying Machuca’s motion to
reopen on the ground that his mistake concerning his hearing date did not
constitute exceptional circumstances beyond his control that would excuse his
failure to appear. See 8 U.S.C. § 1229a(e)(1); Valencia-Fragoso v. INS, 321 F.3d
1204, 1205-06 (9th Cir. 2003) (per curiam) (finding no exceptional circumstances
where petitioner misunderstood the time of her hearing).
PETITION FOR REVIEW DENIED.

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