From Casetext: Smarter Legal Research

Suhaka v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 17, 2012
479 F. App'x 111 (9th Cir. 2012)

Opinion

No. 11-70607 Agency No. A089-677-450

09-17-2012

ILLIA SUHAKA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Illia Suhaka, a native of the former Soviet Union and a citizen of Belarus, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's denial of 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, Chete Juarez v. Ashcroft, 376 F.3d 944, 947 (9th Cir. 2004), and we deny the petition for review.

The agency did not abuse its discretion in denying Suhaka's motion to reopen on the ground that his failure to maintain regular contact with his attorney did not constitute exceptional circumstances beyond his control that would excuse his failure to appear. See 8 U.S.C. § 1229a(e)(1); Vukmirovic v. Holder, 640 F.3d 977, 978-79 (9th Cir. 2011) (petitioner's failure to know about removal hearing because he had moved without advising his lawyer or immigration court of his whereabouts did not constitute exceptional circumstances).

Suhaka's remaining contention is unavailing.

PETITION FOR REVIEW DENIED.


Summaries of

Suhaka v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 17, 2012
479 F. App'x 111 (9th Cir. 2012)
Case details for

Suhaka v. Holder

Case Details

Full title:ILLIA SUHAKA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 17, 2012

Citations

479 F. App'x 111 (9th Cir. 2012)