Hue Huang v. Loretta E. Lynch

MEMORANDUM

Hue Bing Huang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his 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, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and we deny the petition for review.

The agency did not abuse its discretion in denying Huang’s motion to reopen on the grounds that notice was proper and that Huang failed to rebut the strong presumption of effective service arising from the service of his hearing notice by certified mail. See 8 U.S.C. § 1252b(a)(l)(F) (1994) (repealed) (obligation to notify court of ■ address change); see also id. § 1252b(a)(2)(A), (c)(1) (written notice is considered sufficient if sent to the most recent address provided).

To the extent Huang contends he failed to appear due to exceptional circumstances, the BIA did not abuse its discretion in denying his motion as untimely where he waited seventeen years to file a motion to reopen, see 8 C.F.R. § 1003.23 (b)(4)(ii)…