Edy Guerrero v. Eric Holder, Jr.

MEMORANDUM

Edy Guerrero, 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 denial of his motion to reopen deportation proceedings conducted in absen-tia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Guerrero’s motion as untimely, ' where it was filed more than 16 years after his in absentia order of deportation. See 8 C.F.R. § 1003.23 (b)(4)(iii)(A)(1) (an order of deportation entered in absentia may only be rescinded upon a motion to reopen filed within 180 days of the order if the alien demonstrates exceptional circumstances). Additionally, Guerrero did not show that notice was improper where he was personally served with the Order to Show Cause and the hearing notice, written in English and Spanish, containing the date and time of his hearing. See 8 C.F.R. § 1003.23 (b)(4)(iii)(A)(2) (an order of deportation entered in absentia may…