Juan Sarmiento v. Eric Holder, Jr.

MEMORANDUM

Juan Antonio Sarmiento, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his 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, and we review de novo questions of law. Singh v. Ashcroft, 367 F.3d 1182, 1185 (9th Cir.2004). We deny the petition for review.

The agency did not abuse its discretion by denying as untimely Sarmiento’s motion to reopen where he filed his motion nearly eight years after his in absentia order of removal became administratively final, see 8 U.S.C. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.23 (b)(1), (4), and he failed to demonstrate inadequate notice such as would warrant an exception to the filing deadline where he personally received and signed the notice to appear informing him of the time, date, and place of his removal hearing, see Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir.2004). It follows that Sarmiento’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000)…