Guillermo Sorto-Argueta v. Eric H. Holder Jr.
Guillermo Sorto-Argueta v. Eric H. Holder Jr.
Opinion
MEMORANDUM **
Guillermo Sorto-Argueta, a native and citizen of El Salvador, 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. Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002), we deny the petition for review.
The agency did not abuse its discretion in denying Sorto-Argueta’s motion to reopen because Sorto-Argueta’s mistaken belief that his hearing was on a different date does not constitute exceptional circumstances within the meaning of 8 U.S.C. § 1229a(e)(l), and denial of the motion did not lead to an unconscionable result. See Valencias-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003) (per curiam) (mistaken belief regarding the time of the hearing did not constitute exceptional circumstances).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.