Eladio Federico Chavez Torres v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELADIO FEDERICO CHAVEZ TORRES,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 17-71443
Agency No. A205-390-906
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Eladio Federico Chavez Torres, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion to reopen 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. Mohammed v.
* 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).
FILED
MAR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-71443
Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The agency did not abuse its discretion in denying Chavez Torres’s motion
to reopen for failure to establish exceptional circumstances, where he arrived at the
immigration court 53 minutes late due to traffic delays and parking difficulties, and
the IJ had concluded the hearing and left the bench before Chavez Torres arrived.
See 8 C.F.R. §1003.23(b)(4)(ii); 8 U.S.C. §1229a(e)(1) (defining exceptional
circumstances as circumstances beyond the control of the alien); Sharma v. INS, 89
F.3d 545, 547 (9th Cir. 1996) (no exceptional circumstance where petitioner
arrived at the deportation hearing between 45 minutes and 1 hour late due to traffic
congestion and trouble finding parking); Arredondo v. Lynch, 824 F.3d 801, 806
(9th Cir. 2016) (no exceptional circumstance where petitioner experienced
mechanical failure of her car on the way to court).
PETITION FOR REVIEW DENIED.

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