Torrez-Valenzuela v. Holder

FILED NOT FOR PUBLICATION MAR 02 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARICELA TORREZ-VALENZUELA, No. 07-74797 Petitioner, Agency No. A075-759-419 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Maricela Torrez-Valenzuela, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her motion to reopen removal proceedings * 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). conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Sharma v. INS, 89 F.3d 545, 547 (9th Cir. 1996). We deny the petition for review. The agency did not abuse its discretion in denying Torrez-Valenzuela’s motion to reopen because her reliance upon an outdated bus schedule does not constitute exceptional circumstances within the meaning of 8 U.S.C. § 1229a(e)(1). PETITION FOR REVIEW DENIED. 2 07-74797