Onyejekwe

Onyejekwe v. Immigration & Naturalization Service

Good Law
35 F. App'x 510
United States Court of Appeals for the Ninth CircuitMay 15, 2002No. 01-71373; I & NS No. A27-131-349California693 words

Opinion

Lead Opinion

MEMORANDUM ***

Anthony Onyejekwe appeals an order by the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of his motion to reopen deportation proceedings. Because the parties are familiar with the facts of the case, we will not recite them in detail except as necessary. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). See Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) § 309. We affirm.

Onyejekwe contends that his motion to reopen his deportation proceedings should have been granted because he never received the notice informing him of his July 9,1997 hearing before the IJ. We disagree.

We review the denial of the motion to reopen for an abuse of discretion. Varela v. INS, 204 F.3d 1237, 1239 (9th Cir.2000). We review the decisions of both the BIA and the IJ where, as here, the BIA conducts review de novo, clearly incorporates the IJ’s decision, and sets forth additional reasons of its own. See Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996); Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995). Issues of law are reviewed de novo. Chowdhury v. INS, 249 F.3d 970, 972 (9th Cir.2001). Claims of due process…

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