FILED
NOT FOR PUBLICATION AUG 15 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE CESAR FERNANDEZ-ZARATE, No. 08-70273
Petitioner, Agency No. A092-741-067
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges
Jose Cesar Fernandez-Zarate, a native and citizen of Mexico, petitions for
review of a 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 deny the
*
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).
petition for review.
Fernandez-Zarate does not challenge the agency’s dispositive determinations
that his failure to appear at his hearing was not due to a lack of notice, and that,
under Singh-Bhathal v. INS, 170 F.3d 943 (9th Cir 1999), the misadvice from a
non-attorney regarding the importance of Fernandez-Zarate’s appearance at his
March 2006 hearing did not constitute an exceptional circumstance. See Tijani v.
Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
In light of our disposition, we need not reach Fernandez-Zarate’s remaining
contentions regarding equitable tolling and compliance with Matter of Lozada, 19
I. & N. Dec. 637 (BIA 1988). See Mendez-Alcaraz v. Gonzales, 464 F.3d 842, 844
(9th Cir. 2006) (declining to reach nondispositive challenges to a BIA order).
PETITION FOR REVIEW DENIED.
2 08-70273