Roxana Maria Vasquez-Hernandez v. Eric Holder, Jr.

MEMORANDUM

Roxana Maria Elizabeth Vasquez-Hernandez, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her áppeal from a decision of an immigration judge (“IJ”) denying her motion to reopen removal proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion by denying Vasquez-Hernandez’s motion to reopen seeking to rescind her in ab-sentia order of removal based on lack of notice, where the agency sent a hearing notice by regular mail to Vasquez-Hernandez’s most recent address of record, and Vasquez-Hernandez did not present sufficient evidence to rebut the présump tion of effective delivery. See Popa v. Holder, 571 F.3d 890, 897-98 (9th Cir.2009) (“The government satisfies notice requirements ‘by mailing notice of the hearing to an alien at the address last provided to the [agency].’ ” (citation omitted)); see also…