Ahir

MEMORANDUM

In these consolidated petitions for review, Sureshbhai Ranchhodji Ahir, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“I J”) denial of his motion to reopen deportation proceedings held in absentia and his subsequent motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen and reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). In 07-70515, we deny in part and dismiss in part the petition for review. In 07-71860, we deny the petition for review.

Because the BIA lacked jurisdiction to consider Ahir’s newly submitted evidence on appeal, see 8 C.F.R. § 1003.1 (d)(3)(iv), the BIA did not abuse its discretion in concluding that Ahir failed to rebut the strong presumption of effective service arising from the service of his hearing notice by certified mail. See Arrieta v. INS, 117 F.3d 429, 431 (9th Cir.1997); Matter of Grijalva, 21 I. & N. Dec. 27, 37 (BIA 1995).

The BIA was within its discretion in declining to remand because the newly submitted evidence was previously…