Aquino

MEMORANDUM

Eva Marie Aquino, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of her motion to reopen deportation proceedings. The IJ ordered Aquino deported in absentia in June 1995, and denied as untimely her March 1997 motion to reopen. The BIA affirmed. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), 2 and we deny the petition for review.

An order for deportation entered in ab-sentia may be rescinded only by motion filed within 180 days of the deportation order in which the alien demonstrates that the “failure to appear was because of exceptional circumstances.” 8 U.S.C. § 1252b(c)(3)(A), (f)(2) (1994); Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000); Lahmidi v. INS, 149 F.3d 1011, 1115 (9th Cir.1998). A motion to reopen may be filed at any time if the alien demonstrates that she did not receive proper notice. See 8 U.S.C. § 1252b(a)(2), (c)(3)(B) (1994).

Aquino contends that she received inadequate notice of the time of her deportation hearing which in turn deprived her of due process and warrants reopening her deportation proceedings. We disagree.…