Lopez-Cartagena
Lopez-Cartagena v. Holder
Opinion
Opinion
MEMORANDUM
Elias Lopez-Cartagena, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying his motion to reopen deportation proceedings. 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 agency applied the correct legal standard and did not abuse its discretion in denying Lopez-Cartagena’s motion to reopen to rescind his in absentia deportation order on the ground that he failed to establish reasonable cause for his absence at his deportation hearing. See 8 U.S.C. § 1252 (b) (1989) (petitioner must establish “reasonable cause” for failure to appear); Matter of Cruz-Garcia, 22 I. & N. Dec. 1155, 1159 (BIA 1999) (no time or numerical limitations on aliens seeking to reopen deportation proceedings conducted in ab-sentia for the purpose of vacating the underlying order of deportation entered pursuant to former 8 U.S.C. § 1252 (b)).