152987P.pdf   03/22/2017  Michael Alvarado-Arenas  v.  Jefferson B. Sessions, III
   U.S. Court of Appeals Case No:  15-2987
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] 
   Petition for Review - Immigration. The BIA did not abuse its discretion by 
   denying petitioner's motion to reopen; by statute, an order removing an 
   alien in absentia for failure to appear may only be rescinded if the 
   motion to reopen shows either that the alien's failure to appear was 
   because of exceptional circumstances or the alien did not receive proper 
   notice; assuming petitioner's alleged absence from the U.S. could be an 
   exceptional circumstance, the BIA reasonably concluded petitioner was in 
   the U.S. when the removal proceedings were commenced and thus had notice 
   of the proceedings.