NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 05 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
DAMARIS DE LA ROSA- No. 14-71812
VALENZUELA,
Agency No. A201-278-346
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Damaris De La Rosa-Valenzuela, a native and citizen of Guatemala,
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 conducted in absentia. We have jurisdiction under 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1252. We review for abuse of discretion the denial of a motion to reopen, and
review de novo constitutional claims and questions of law. Mohammed v.
Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The agency did not abuse its discretion or violate due process in denying De
La Rosa-Valenzuela’s motion to reopen in absentia proceedings, where she did not
establish that her former attorney’s translation error as to her hearing date was an
exceptional circumstance beyond her control causing her failure to appear at her
hearing, when the immigration court also sent her a subsequent hearing notice with
the correct hearing date after her former attorney withdrew. See 8 U.S.C.
§ 1229a(e)(1) (defining exceptional circumstances as circumstances beyond the
control of the alien, including battery, extreme cruelty, death, or serious illness of
the alien or their immediate relatives, but not less compelling circumstances); Lata
v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due
process claim).
PETITION FOR REVIEW DENIED.
2 14-71812