FILED
NOT FOR PUBLICATION APR 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ANTONIO PEREZ HIGUERA; No. 09-71209
EDELMIRA OROZCO OCHOA,
Agency Nos. A096-051-790
Petitioners, A096-051-791
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Jose Antonio Perez Higuera and Edelmira Orozco Ochoa, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’ order
dismissing their appeal from an immigration judge’s decision denying their motion
to reopen, after an in absentia determination of removal. We review for abuse of
*
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).
discretion the denial of a motion to reopen, Singh v. INS, 295 F.3d 1037, 1039 (9th
Cir. 2002), and we deny the petition for review.
The agency did not abuse its discretion in denying petitioners’ motion to
reopen on the grounds that their mistaken understanding that their hearing was on a
different date did not constitute exceptional circumstances within the meaning of
8 U.S.C. § 1229a(e)(1), and denial of the motion did not lead to an unconscionable
result. See Valencia-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003) (per
curiam).
PETITION FOR REVIEW DENIED.
2 09-71209