MEMORANDUM **

Manuel de Jesus Asij Garcia, a native and citizen of Guatemala, 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 *480 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 claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The agency acted within its discretion in denying Asij Garcia’s motion to reopen because he did not establish that his failure to appear inside the courtroom was on account of exceptional circumstances. See 8 C.F.R. § 1003.23(b)(4)(ii). It follows that his due process claim fads. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000).

PETITION FOR REVIEW DENIED.