Edward Sofowora v. Eric Holder, Jr.

MEMORANDUM

Edward Idowu Sofowora, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings held in ab-sentia. ' We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and we review de novo due process claims and questions of law. Hernandez-Vivas v. INS, 23 F.3d 1557, 1560 (9th Cir.1994). We deny the petition for review.

The BIA applied the correct legal standard and did not abuse its discretion in denying Sofowora’s motion to reopen on the grounds that he was given a reasonable opportunity to appear and failed to establish reasonable cause for his absence at his deportation hearing. See 8 U.S.C. § 1252 (b) (1989) (alien may be deported in absentia if the alien had been given a reasonable opportunity to be present, and without reasonable cause, failed to attend the proceedings). The record shows the next hearing was scheduled in Sofowora’s presence, and he was no longer represented by the attorney he alleges provided ineffective assistance and had retained new counsel. See Hernandez-Vivas, 23 F.3d at 1559-60 (no…