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367 F. App'x 861

Araujo v. Holder

U.S. Courts of Appeals

Decided February 26, 2010

U.S. Courts of Appeals · decided 2010-02-26

Applies 8 U.S.C. § 1229 (§ 239 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Perez v. Mukasey

Decided 2010-02-26

¶1 MEMORANDUM

¶2 Cristiane Maria Araujo, a native and citizen of Brazil, petitions for review of the Board of Immigration Appeal’s order dismissing her appeal from an immigration judge’s decision denying her motion to reopen removal proceedings conducted in ab-sentia. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008). We deny the petition for review.

¶3 The agency did not abuse its discretion in denying Araujo’s motion to reopen because written notice of the hearing was mailed to the most recent address provided by Araujo, she admitted to receiving the notice, see 8 U.S.C. §§ 1229(c), 1229a(b)(5)(A), and she failed to establish that her failure to appear was because of “exceptional circumstances,” see 8 U.S.C. § 1229a(e)(l).

¶4 PETITION FOR REVIEW DENIED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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