Isaias Gonzalez-Maya v. Eric Holder, Jr.

444 F. App'x 211

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 21, 2011
• Docket: 10-70131
• Status: Unpublished

Opinion

MEMORANDUM **

Isaías Gonzalez-Maya, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen 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, Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002), and we deny the petition for review.

The agency did not abuse its discretion in denying the motion to reopen on the ground that Gonzalez-Maya failed to demonstrate that personal service of the Order to Show Cause provided him insufficient notice of his hearing. See Khan v. Ashcroft, 374 F.3d 825, 829 (9th Cir.2004).

PETITION FOR REVIEW DENIED.

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