Hector Cruz-Rodas v. Eric Holder, Jr.

MEMORANDUM

The immigration judge (“IJ”) denied Petitioner’s motion to reopen removal proceedings filed more than a decade after he was ordered removed in absentia on July 1, 1998. The Board of Immigration Appeals (“BIA”) dismissed Petitioner’s appeal and denied his motion to remand. We now deny Petitioner’s petition for review.

The record supports the agency’s finding that Petitioner was personally served with the document that charged him as removable, and that notice of the hearing was mailed to Petitioner’s counsel of record at the time, which constituted service on Petitioner, see 8 U.S.C. § 1229a(b)(5)(A); 8 C.F.R. § 1292.5 (a). The IJ also found that Petitioner’s counsel attended the hearing (demonstrating notice of that hearing), a finding that we are not “compelled” to overturn, see 8 U.S.C. § 1252 (b)(4)(B). In addition, Petitioner concedes that he was in fact ordered removed.

Because Petitioner failed to appear after receiving notice, he was properly ordered removed, as he does not dispute that he was removable as charged. See 8 U.S.C. § 1229a(b)(5)(A); Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000) (per curiam). To obtain reopening, therefore, Petitioner was…