Jairo Mejia Vega v. Loretta E. Lynch

MEMORANDUM

Jairo Mejia Vega seeks relief from the Board of Immigration Appeals’ (BIA) reinstatement of his prior order of removal and its denial of his motion to reopen. We deny his petitions for review.

1. Our review of a reinstatement order is limited to constitutional claims and questions of law where a petitioner can demonstrate a “gross miscarriage of justice” in the prior proceedings. Villa-Anguiano v. Holder, 727 F.3d 873, 877 (9th Cir.2013); Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1137-38 (9th Cir.2008). Mejia Vega has failed to demonstrate a “gross miscarriage of justice” because the BIA properly sent notice of its decision to the detention center where Mejia Vega was confined. Moreover, Mejia Vega has failed to show prejudice. See Morales-Izquierdo v. Gonzales, 486 F.3d 484, 496 (9th Cir.2007) (en banc) (as amended). The BIA’s denial of Mejia Vega’s appeal from the deportation order issued in ab-sentia was not “arbitrary, irrational, or contrary to law,” Singh v. I.N.S., 295 F.3d 1037, 1039 (9th Cir.2002) (internal quotation marks omitted), because Mejia Vega did not show “that [his] failure to appear was because of exceptional circumstances.” 8…