Igbal Singh-Singh v. Eric Holder, Jr., No. 09-71216 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 08 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT IGBAL SINGH-SINGH, a.k.a. IQBAL SINGH-SINGH, No. 09-71216 Agency No. A070-169-522 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Igbal Singh-Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s order denying his motion to reopen deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. Reviewing 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, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002), we deny the petition for review. The agency did not abuse its discretion in denying Singh-Singh s motion to reopen because the evidence he submitted was insufficient to establish exceptional circumstances to excuse his absence from his removal hearing. See 8 U.S.C. § 1229a(e)(i); see also Celis-Castellano, 298 F.3d at 890-92 (alien made no showing of the seriousness of his alleged asthma attack where, inter alia, he failed to submit evidence addressing his condition on the day of the hearing). Singh-Singh s due process contentions are not supported by the record. PETITION FOR REVIEW DENIED. 2 09-71216

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