Roberts
Roberts v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Appellant Lucille Lazatin Roberts (“Roberts”), a native and citizen of the *299 Philippines, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s order. The immigration judge denied her motion to reopen deportation proceedings for the purpose of rescinding her in absentia removal order, finding Roberts removable because she failed to comply with the conditions of her change of status to that of a conditional permanent resident.
The BIA had jurisdiction under 8 U.S.C. § 1103 and § 1229(a). We have jurisdiction under 8 U.S.C. § 1252 . The BIA’s denial of a motion to reopen is reviewed for abuse of discretion. INS v. Doherty, 502 U.S. 314, 323-24 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992). Claims of due process violations in INS proceedings are reviewed de novo. Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We hold that the BIA did not abuse its discretion when it refused to reopen Roberts’ deportation proceedings and when it did not find that the Notice to Appear and Certificate of Service she received failed to comply with the statutory requirements set forth in 8 U.S.C. §§ 1229 and…