Jose Perez Higuera, et al v. Eric Holder, Jr., No. 09-71209 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 14 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE ANTONIO PEREZ HIGUERA; EDELMIRA OROZCO OCHOA, No. 09-71209 Agency Nos. A096-051-790 A096-051-791 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Jose Antonio Perez Higuera and Edelmira Orozco Ochoa, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals order dismissing their appeal from an immigration judge s decision denying their motion to reopen, after an in absentia determination of removal. We review for abuse of * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). discretion the denial of a motion to reopen, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002), and we deny the petition for review. The agency did not abuse its discretion in denying petitioners motion to reopen on the grounds that their mistaken understanding that their hearing was on a different date did not constitute exceptional circumstances within the meaning of 8 U.S.C. § 1229a(e)(1), and denial of the motion did not lead to an unconscionable result. See Valencia-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003) (per curiam). PETITION FOR REVIEW DENIED. 2 09-71209

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