Rivas-Almendarez

MEMORANDUM

Walter Ernesto Rivas-Almendarez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order 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. Iturri-barria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The BIA did not abuse its discretion in denying Rivas-Almendarez’s motion to reopen to rescind his deportation order because the hearing notice was sent by regular mail to the address last provided by Rivas-Almendarez, as was acceptable un der the regulations in force at the time. See 8 U.S.C. § 1252 (3)(B)(1) (1990) (requiring notice of hearing but not specifying form of service required); 8 C.F.R. § 3.17 (1990) (same); Matter of Munoz-Santos, 20 I. & N. Dec. 205, 207 (BIA 1990) (routine service to last address provided was adequate for notice of hearing); cf. Sembiring v. Gonzales, 499 F.3d 981, 988-90 (9th Cir.2007) (describing evidence sufficient to overcome presumption of effective…