FILED
NOT FOR PUBLICATION MAY 23 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALBA YANETH CALDERON- No. 10-71467
HERNANDEZ,
Agency No. A070-783-941
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Alba Yaneth Calderon-Hernandez, 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
*
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).
removal proceedings 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,
Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir. 2009), and we deny the
petition for review.
The agency was within its discretion in denying Calderon-Hernandez’s
motion to reopen for failure to establish that “exceptional circumstances” caused
her absence from her scheduled hearing. See 8 U.S.C. § 1229a(e)(1); Celis-
Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir. 2002).
Calderon-Hernandez’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 10-71467