Trinidad
Trinidad v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM ***
Moisés Trinidad (Trinidad), a native and citizen of El Salvador, petitions for review of the final order of deportation entered by the Board of Immigration Ap *721 peals (BIA), denying his second motion to reopen proceedings pursuant to Immigration and Nationality Act (INA) § 242B(c)(3)(A), 8 U.S.C. § 1252b(c)(3)(A), after an immigration judge (IJ) ordered him deported in absentia. 1 We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) and we review the denial of the motion to reopen for an abuse of discretion. See Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000). We deny Trinidad’s petition.
Trinidad’s contention that a notario’s fraud made his first motion to reopen so worthless as to toll the statute of limitations, thereby making his second motion timely, is misplaced because our review is of the BIA decision. The BIA conducted a de novo review of the IJ’s decision, and the BIA did not deny his motion to reopen on the ground that it was untimely. See Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir.2000). Trinidad’s further argument about the IJ’s boilerplate decision fails for the same reason.