Victor Delgado v. Eric Holder, Jr.

MEMORANDUM

Victor Delgado missed his immigration hearing because he didn’t see the hearing notice until it was too late. He didn’t see the notice until it was too late because he failed to check his mail regularly. The Immigration Judge ordered him removed in absentia and denied Delgado’s later motion to reopen. The Board of Immigration Appeals dismissed his appeal. Now Delgado petitions for review.

We have jurisdiction under 8 U.S.C. §§ 1252 (a)(1) and 1229a(b)(5)(D) (limiting our review to, as relevant here, the “validity of the notice provided to the alien” and “the reasons for the alien’s absence” from the hearing). Here, the BIA adopted the IJ’s decision, adding comments, so we review both decisions. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). That review is for abuse of discretion. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). Finding none, we deny the petition.

Delgado makes two arguments. First, he argues that he should have been allowed to receive notice at his post office box. We agree with the BIA and the IJ that this argument fails. Notice is presumptively adequate if mailed to the last address provided by the alien. 8 U.S.C. §…