Arcenio Zarate-Alcantara v. Eric Holder, Jr.

MEMORANDUM

Arcenio Tomas Zarate-Alcantara, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings held in ab-sentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen. Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000) (per curiam). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Zarate-Alcantara’ motion to reopen because Zarate-Alcantara was accompanied by counsel to his hearing where counsel received both oral and written notice of Zarate-Alcantara’s next scheduled hearing. See 8 U.S.C. § 1252b(a)(2), (c)(1) (1995); Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law.”).

We lack jurisdiction to review Za-rate-Alcantara’s contention that a Spanish version of his notice of hearing should have been issued under 8 U.S.C. § 1252b(a)(3) (1995) because he failed to raise that issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004)…