U.S. Court of Appeals for the Ninth Circuit, 2010

Curiel v. Holder

Curiel v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 19, 2010 · Beezer, Trott, Bybee
362 F. App'x 699

Curiel v. Holder

Opinion

MEMORANDUM **

Ricardo Topete Curiel, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings conducted in absen-tia. We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing for abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002), we deny the petition for review.

The IJ did not abuse her discretion in denying Topete Curiel’s motion to reopen because he did not meet his burden to establish that his panic attack constituted “exceptional circumstances” under 8 U.S.C. § 1229a(e)(l). See id. at 892 (agency properly denied motion to reopen supported only by alien’s declaration that he suffered an asthma attack and hospital form that did not indicate severity of illness).

Petitioner’s remaining contentions are not supported by the record.

PETITION FOR REVIEW DENIED.

**

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

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