Singh

Singh v. Holder

Good Law
372 F. App'x 727
United States Court of Appeals for the Ninth CircuitMarch 26, 201007-74888California338 words

Opinion

Opinion

MEMORANDUM

Bahadur Singh, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reopen deportation proceedings conducted in ab-sentia. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, for substantial evidence factu al findings, and for abuse of discretion the denial of a motion to reopen. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny the petition for review.

The agency correctly concluded that Singh received sufficient notice of his hearing because it is undisputed that he was personally served with an Order to Show Cause (“OSC”) that contained notice of his hearing. There was no statutory requirement that the OSC be orally translated, see 8 U.S.C. 1252b(a)(3) (1995); Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir.2004) (notice proper where INS adhered to statutorily imposed procedural requirements), and Singh’s contention that he was prejudiced by the absence of oral notice as was required under former 8 C.F.R. § 242.1 (c) (1995) is not persuasive, see Matter of Hernandez, 21 I. & N. Dec. 224,…

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