Sharon Mendez Toledo v. Eric Holder, Jr.

MEMORANDUM

Sharon Daniela Mendez Toledo, a native and citizen of Guatemala, petitions for re view of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s (“IJ”) decision denying her motion to reopen removal 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, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny the petition for review.

The BIA did not abuse its discretion in denying Mendez Toledo’s motion to reopen because the motion was filed more than ten years after the IJ’s August 4, 1998, removal order, see 8 U.S.C. § 1229a(b)(5)(C)(i), and Mendez Toledo failed to establish that she lacked notice, see id. at (C)(ii), or establish grounds for equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir.2003).

Mendez Toledo’s contention that personal service of the notice to appear and hearing notice on her mother was insufficient is not persuasive. See 8 C.F.R. § 103 .5a(c)(2)(ii) (service of notice to appear “shall be made upon the person with whom the ... minor resides”); see also Flores-Chavez v.…