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SINGH v. BARR (2019)

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United States Court of Appeals, Ninth Circuit.

Sukhdev SINGH, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-73051

Decided: October 22, 2019

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Loretta Diane Nelms Reyes, Esquire, Attorney, Law Office of Loretta Nelms Reyes, Los Angeles, CA, for Petitioner Patricia Bruckner, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent


Sukhdev 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 decision denying 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 and review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for review.

The agency did not abuse its discretion in denying Singh’s motion to reopen, where he failed to provide sufficient detail to show that his infected tooth and the resulting treatment amounted to an exceptional circumstance excusing his failure to appear for his hearing. See Celis-Castellano v. Ashcroft, 298 F.3d 888, 890, 892 (9th Cir. 2002) (no abuse of discretion in finding no exceptional circumstances to warrant reopening, where alien’s declaration and accompanying medical documents did not provide sufficient detail of the severity of his illness).

Singh’s contention that the agency did not apply the correct standard in its analysis is not supported.


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