CORRECTED
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 97-60377
Summary Calendar
__________________
JUAN CARLOS CANAS,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
______________________________________________
Petition for Review of an Order of the
Board of Immigration Appeals
A70 566 443
______________________________________________
March 17, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Juan Carlos Canas seeks to appeal the Board of Immigration
Appeals’ denial of his appeal from the immigration judge’s denial
of Canas’s motion to reopen deportation proceedings. Canas was
ordered deported following an in abstentia deportation proceeding.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Deportation orders following such proceedings may be rescinded only
if the alien shows exceptional circumstances for his failure to
appear, shows that he did not receive notice of the hearing, or
shows that he was in federal or state custody and did not appear at
the hearing through no fault of his own. 8 U.S.C. § 1252b(c)(3).
Canas failed to meet any of these requirements and, therefore, was
not entitled to have the in absentia deportation order rescinded.
Canas’s argument that he did not attend the hearing due to a dental
emergency does not meet the exceptional circumstances standard,
since no evidence was presented to establish that such an emergency
existed. See 8 C.F.R. § 103.5(a)(2). Canas’s petition for review
is DENIED.
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