Vega-Gonzalez

MEMORANDUM **

Ramiro Vega-Gonzalez (“Vega”), a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s denial of his motion to reopen deportation proceedings. The immigration judge entered an order of deportation in absentia when Vega failed to attend his hearing for voluntary departure. Vega contends that the order was an abuse of discretion, on the ground that he never received notice of the hearing because the Office of the Immigration Judge (“OIJ”) did not include the zip code of Vega’s address of record on the hearing notice’s return receipt card. We find, however, that Vega is unable to overcome the presumption of effective service, and deny the petition. 1 Because the parties are familiar with the facts, we recite here only those necessary to explain our decision.

When the INS advises an alien of his obligation to notify the OIJ of an address change, an in absentia deportation hearing may be proper where notice was sent to the alien’s last known address. See 8 U.S.C. § 1252b(c)(l) (providing that an immigration judge is required to order deportation in absentia of any alien who does not…