Dubon-Soto

MEMORANDUM

Ana Bella Dubon-Soto, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reopen, following an in absentia order of removal. The BIA’s denial of a motion to reopen is reviewed for abuse of discretion. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). The BIA abuses its discretion when it acts “arbitrarily, irrationally, or contrary to the law.” Movsi-sian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005) (quoting Lainez-Ortiz v. INS, 96 F.3d 393, 395 (9th Cir.1996)). Our jurisdiction is governed by 8 U.S.C. § 1252 , and we grant in part and dismiss in part the petition for review.

Under 8 U.S.C. § 1229a(b)(5)(A), if an alien fails to appear at his removal hearing, the alien “shall be ordered removed in absentia if the [government] establishes by clear, unequivocal, and convincing evidence that ... written notice [of the hearing] was ... provided [to the alien or the alien’s counsel of record] and that the alien is removable.” 8 U.S.C. § 1229a(b)(5)(A). However, an order of removal entered in absentia may be rescinded “upon a…