
    Luis MACHUCA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 10-73845.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 10, 2012.
    
    Filed Sept. 17, 2012.
    Robert E. Coughlon, Jr., Esquire, Maria Jones Law Firm, Phoenix, AZ, for Petitioner.
    Melissa Katherine Lott, Trial, OIL, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Luis Machuca, a native and citizen of Mexico, 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 the denial of a motion to reopen for abuse of discretion, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009), and we deny the petition for review.

The agency did not abuse its discretion in denying Machuca’s motion to reopen on the ground that his mistake concerning his hearing date did not constitute exceptional circumstances beyond his control that would excuse his failure to appear. See 8 U.S.C. § 1229a(e)(l); Valencia-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir.2003) (per curiam) (finding no exceptional circumstances where petitioner misunderstood the time of her hearing).

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