Sukhdev Singh v. WILLIAM P. BARR, Attorney General

18-73051Court of Appeals for the Ninth CircuitOct 22, 2019

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUKHDEV SINGH,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 18-73051
Agency No. A205-542-579
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Sukhdev Singh, a native and citizen of India, petitions for review of the
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 review for abuse of
discretion the denial of a motion to reopen and review de novo questions of law.
* 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
OCT 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-73051
Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for
review.
The agency did not abuse its discretion in denying Singh’s motion to reopen,
where he failed to provide sufficient detail to show that his infected tooth and the
resulting treatment amounted to an exceptional circumstance excusing his failure
to appear for his hearing. See Celis-Castellano v. Ashcroft, 298 F.3d 888, 890, 892
(9th Cir. 2002) (no abuse of discretion in finding no exceptional circumstances to
warrant reopening, where alien’s declaration and accompanying medical
documents did not provide sufficient detail of the severity of his illness).
Singh’s contention that the agency did not apply the correct standard in its
analysis is not supported.
PETITION FOR REVIEW DENIED.

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