Carlos Castro-Ramirez v. Eric H. Holder Jr.

MEMORANDUM

Carlos Castro-Ramirez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his 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. Arrieta v. INS, 117 F.3d 429, 430 (9th Cir.1997) (per curiam). We deny the petition for review.

The agency did not abuse its discretion in denying Castro-Ramirez’s motion to reopen on the ground that notice was proper and Castro-Ramirez failed to rebut the strong presumption of effective service arising from the service of his hearing notice by certified mail. See id. at 431 ; Matter of Grijalva, 21 I. & N. Dec. 27, 37 (BIA 1995).

The agency also did not abuse its discretion in denying as untimely Castro-Ramirez’s motion to reopen to apply for adjustment of status, where he was required to file that motion by September 30, 1996, but filed it more than 10 years later. See 8 C.F.R. § 1003.23 (b)(1) (a motion to reopen deportation or exclusion proceedings must be filed no later than 90 days after a…