Salwinder Singh v. Loretta E. Lynch

MEMORANDUM

Salwinder Singh, a native and citizen of India, 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 to rescind his deportation order issued in absentia. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We defer to the BIA’s interpretations of the Immigration and Nationality Act in an unpublished, nonpre-cedential decision depending on the thoroughness, reasonableness, consistency, and persuasiveness of the BIA’s analysis. Zumel v. Lynch, 803 F.3d 463, 471 (9th Cir. 2015). We deny the petition for review.

The agency did not abuse its discretion in denying Singh’s motion to reopen on the ground that notice was proper under 8 U.S.C. § 1252b(a)(2)(A) (1994). Singh was personally served the Order to Show Cause (“OSC”), and his attorney was served the notice for the August 27, 1996 hearing, which informed Singh of the time, date, and place of the hearing and contained advisals warning him of the consequences of failing to appear. See 8 U.S.C. § 1252b(a)(2) (1994) (setting forth notice…