Luz Catalan v. Eric Holder, Jr.

MEMORANDUM

Luz Elena Catalan, a native and citizen of Guatemala, petitions for review of the order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s decision denying her motion to reopen her deportation proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion the agency’s denial of a motion to reopen, Flores-Chavez v. Ashcroft, 362 F.3d 1150, 1154-55 (9th Cir.2004), and review de novo due process claims, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny the petition for review.

The agency did not abuse its discretion by denying Catalan’s motion to reopen alleging a lack of notice and seeking to apply for suspension of deportation under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), Pub.L. No. 105-100, 111 Stat. 2160 (1997). Catalan filed her motion beyond the ordinary motions deadline of September 30, 1996, and the special deadline of September 11, 1998, for NACARA motions, see 8 C.F.R. §§ 1003.23 (b)(1), 1003.43(e)(1), and Catalan’s signature acknowledging receipt of an order to show cause notifying her in English and Spanish of her rights and obligations, the…