Filed: Feb. 23, 2017
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 23 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OFELIA ELIZABETH ALVARADO- No. 15-73035 MELENDEZ and GENESIS ELIZABETH LOPEZ-ALVARADO, Agency Nos. A206-836-858 A206-836-859 Petitioners, v. MEMORANDUM* JEFFERSON B. SESSIONS, III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 14, 2017** Before: GOODWIN, FARRIS and FERNANDEZ, Circuit Judges
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 23 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OFELIA ELIZABETH ALVARADO- No. 15-73035 MELENDEZ and GENESIS ELIZABETH LOPEZ-ALVARADO, Agency Nos. A206-836-858 A206-836-859 Petitioners, v. MEMORANDUM* JEFFERSON B. SESSIONS, III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 14, 2017** Before: GOODWIN, FARRIS and FERNANDEZ, Circuit Judges...
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
OFELIA ELIZABETH ALVARADO- No. 15-73035
MELENDEZ and GENESIS ELIZABETH
LOPEZ-ALVARADO, Agency Nos. A206-836-858
A206-836-859
Petitioners,
v. MEMORANDUM*
JEFFERSON B. SESSIONS, III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 14, 2017**
Before: GOODWIN, FARRIS and FERNANDEZ, Circuit Judges.
Ofelia Elizabeth Alvarado-Melendez and Genesis Elizabeth Lopez-
Alvarado, natives and citizens of El Salvador, petition for review of the Board of
Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
judge’s order denying their motion to reopen removal proceedings conducted in
absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reopen. Mohammed v. Gonzales,
400 F.3d 785,
791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.
The agency did not abuse its discretion in denying petitioners’ motion to
reopen for failure to establish exceptional circumstances, where they failed to
attend their hearing because of a misunderstanding with their attorney. See 8
C.F.R. §1003.23(b)(4)(ii); 8 U.S.C. §1229a(e)(1); Valencia-Fragoso v. INS,
321
F.3d 1204, 1205-06 (9th Cir. 2003) (no exceptional circumstances where petitioner
was late to her hearing due to confusion about the time).
To the extent petitioners contend that their former counsel was ineffective,
we lack jurisdiction to review this unexhausted claim. See Tijani v. Holder,
628
F.3d 1070, 1080 (9th Cir. 2010) (“We lack jurisdiction to review legal claims not
presented in an alien’s administrative proceedings before the BIA.”).
We also lack jurisdiction to review the agency’s determination not to reopen
sua sponte. See Mejia-Hernandez v. Holder,
633 F.3d 818, 824-825 (9th Cir.
2011); cf. Bonilla v. Lynch,
840 F.3d 575, 588 (9th Cir. 2016).
PETITION FOR REVIEW DENIED in part; DISMISSED in part
2 15-73035