Nelson Solorzano v. Eric Holder, Jr.

MEMORANDUM

Nelson Rolando Solorzano, a native and citizen of Honduras, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reopen deportation proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo constitutional claims. Moh ammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Solorzano’s motion to reopen based on lack of notice of his deportation hearing, where the record establishes that the IJ personally provided him oral and written notice of the time and place of the hearing at which he was later ordered deported in absentia. 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 lack of notice of his hearing); 8 U.S.C. § 1252b(a)(2) (1994) (requiring written notice of the time and place of proceedings be personally served on the alien or if personal…