Jose Ayala-Aguilar v. Loretta E. Lynch

MEMORANDUM

Jose Victor Ayala-Aguilar, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and review for abuse of discretion the denial of a motion to reopen. Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002). We deny the petition for review.

The agency did not abuse its discretion in denying Ayala-Aguilar’s motion to re open and rescind his in absentia order, where the notice of hearing was mailed to the last address he provided and he failed to provide sufficient evidence to rebut the presumption of proper delivery of the notice of hearing. See 8 U.S.C. § 1229a(b)(5)(A) (written notice is considered sufficient if sent to the most recent address provided); Salta, 314 F.3d at 1079 (giving examples of evidence that could be sufficient to overcome presumption of delivery). Contrary to Ayala-Aguilar’s contention, the record indicates he was personally served with his notice to appear, which informed him of the…