Glenda Mercado-Palma v. Eric Holder, Jr.

472 F. App'x 848

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 17, 2012
• Docket: 10-72091
• Status: Unpublished

Opinion

MEMORANDUM **

Glenda Marisol Mercado-Palma, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her motion to reopen deportation 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, 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 Mercado-Palma’s motion to reopen to rescind her deportation order because the hearing notice was sent by certified mail to the address last provided by Mercado-Palma and she failed to rebut the presumption of effective service. See id. at 431 (“[Njotice by certified mail sent to an alien’s last known address can be sufficient under the Act, even if no one signed for it.”).

PETITION FOR REVIEW DENIED.

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