Anil Patel v. Eric Holder, Jr.

442 F. App'x 253

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 29, 2011
• Docket: 09-72893
• Status: Unpublished

Opinion

MEMORANDUM **

Anil Keshev Patel, 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 deportation proceedings conducted in absen-tia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Arrieta v. INS, 117 F.3d 429, 430 (9th Cir.1997) (per curiam) and we deny the petition for review.

The agency did not abuse its discretion in denying Patel’s motion to reopen to rescind his deportation order because the hearing notice was sent by certified mail to the address last provided by Patel and he failed to rebut the presumption of effective service. See id. at 431 (“[Njotice by certi- fled mail sent to an alien’s last known address can be sufficient under the Act, even if no one signed for it.”); see also 8 U.S.C. § 1252b(a)(2) & (a)(1)(F) (1994).

PETITION FOR REVIEW DENIED.

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