MEMORANDUM **

Aveleno Garcia-Guzman, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 *837 abuse of discretion, Sembiring v. Gonzales, 499 F.3d 981, 985 (9th Cir. 2007), we deny the petition for review.

The agency did not abuse its discretion in denying Garcia-Guzman’s motion to reopen, where he failed to overcome the presumption of delivery of his notice of hearing, see id. at 986-88, and he failed to establish exceptional circumstances to excuse his appearance arising from notice not being served on counsel because counsel had not filed a notice of appearance with the immigration court. See 8 C.F.R. §§ 1003.19(d), 1003.17.

PETITION FOR REVIEW DENIED.