Aida Palma v. Eric Holder, Jr.

MEMORANDUM

Aida Christina Palma, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s order denying her 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 and review de novo constitutional claims. Mohammed v. Gon zales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The agency did not abuse its discretion in denying Palma’s motion to reopen based on lack of notice of her hearing location, where Palma received written notice of the place of her hearing, did not provide sufficient evidence to establish that her hearing did not occur at this location, and does not contend that she appeared for her hearing at the wrong location. See 8 C.F.R. § 1003.23 (b)(4)(iii)(A)(2) (a motion to reopen to rescind an in absentia order may be filed at any time if “the alien demonstrates that he or she did not receive notice ... and the failure to appear was through no fault of the alien.”). Because this determination is dispositive of the issue of…