MEMORANDUM **

Mahinder 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 de novo claims of due process violations, including claims of ineffective assistance of counsel. Mohammed v. 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 Singh’s motion to reopen where he did not establish that his failure to appear at his hearing was caused by ineffective assistance of counsel, or another *417 exceptional circumstance beyond his control. See 8 C.F.R. § 1003.23(b)(4)(ii); see also Sharma v. INS, 89 F.3d 545, 548 (9th Cir. 1996); c.f. Monjaraz-Munoz v. INS, 327 F.3d 892, 897-98 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.