Erika Tiniguar Xiloj v. Eric Holder, Jr.

MEMORANDUM

Erika Floridalma Tiniguar Xiloj, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s order denying her motion to reopen deportation 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, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA correctly concluded that personal service on Xiloj of the Order to Show Cause (“OSC”) was valid where there was no statutory requirement that the OSC be orally translated. See 8 U.S.C. 1252b(a)(3) (1996); Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir.2004) (notice proper where INS adhered to statutorily imposed procedural requirements). Xiloj’s contention that she was prejudiced by the absence of oral notice as was required under former 8 C.F.R. § 242.1 (c)(1995) is not persuasive. See Matter of Hernandez, 21 I. & N. Dec. 224, 227 (BIA 1996); see also Kohli v. Gonzales, 473 F.3d 1061, 1066-67 (9th Cir.2007) (petitioner must demonstrate that he was prejudiced by the agency’s violation of its…