Dungca

MEMORANDUM **

Eduardo Dungca (Dungca), a native and citizen of the Philippines, petitions for review from the Board of Immigration Appeals’ (BIA) dismissal of his appeal from an immigration judge’s denial of his motion to reopen deportation proceedings. The *721 immigration judge (IJ) entered an order of deportation in absentia when Dungea failed to attend his hearing for voluntary-departure. Dungea alleged that his failure to appear at his deportation hearing was due to the ineffective service of the Order to Show Cause (OSC) because his copy of the order did not have the date and time of the deportation hearing on it. Immigration and Naturalization Service (INS) border patrol agents stopped Dungea after he illegally entered the United States and served him with the OSC. The INS stated that an interpreter read the OSC to Dung-ea in his native Tagalog language. Because the parties are familiar with the facts, we recite here only those necessary to explain our decision.

Since immigration officials served Dung-ea with his OSC on January 28, 1993, his deportation proceedings are governed by former Immigration and Naturalization Act section 242B. See Sharma v. INS, 89 F.3d 545 , 547…