Rakefet Backer v. Immigration and Naturalization Service

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rakefet BACKER, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70334. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 22, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Rakefet Backer, a native and citizen of Israel, petitions for review of the Board of Immigration Appeals ("BIA") denial of her motion to reopen her deportation proceedings. Backer contends that the Immigration Judge ("IJ") erred by holding an in absentia deportation hearing because she failed to receive timely notice of the hearing. We have jurisdiction pursuant to 8 U.S.C. Sec. 105a(a), and we affirm. 3 We review the BIA's decision denying motions to reopen or motions to reconsider for abuse of discretion. Padilla-Agustin v. INS, 21 F.3d 970, 973 (9th Cir. 1994). 4 On March 3, 1992, Backer failed to attend her immigration hearing. The Immigration…