FILED
NOT FOR PUBLICATION JUN 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BO WANG, No. 09-74126
Petitioner, Agency No. A088-283-577
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Bo Wang, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration
judge’s decision denying her motion to reopen removal proceedings conducted in
absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. 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. Sembiring v. Gonzales, 499 F.3d 981,
985 (9th Cir. 2007). We deny in part and dismiss in part the petition for review.
The agency did not abuse its discretion in denying Wang’s motion to reopen
where she failed to overcome the presumption of effective delivery of her notice of
hearing, see id. at 986-88, and failed to establish that the alleged ineffective
assistance of an immigration consultant constituted an exceptional circumstance
warranting rescission of her in absentia removal order, see Monjaraz-Munoz v.
INS, 327 F.3d 892, 896 (9th Cir. 2003) (petitioner must show the alleged
ineffective assistance was the cause of her failure to appear for her hearing).
We lack jurisdiction to consider Wang’s contention that she received
ineffective assistance of counsel from the attorney who prepared her motion to
reopen and her BIA appeal because she failed to exhaust this contention before the
BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
Wang’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-74126