Abdul-Hadi

Abdul-Hadi v. Ashcroft

Good Law
52 F. App'x 352
United States Court of Appeals for the Ninth CircuitNovember 27, 2002No. 00-70740; INS No. A71-639-565California603 words

Opinion

Lead Opinion

MEMORANDUM ****

Petitioner Dunia Marwan Fuad Abdul Hadi, a native of Palestine and citizen of Israel, petitions for review of a decision of the Board of Immigration Appeals, dismissing her appeal of the Immigration Judge’s denial of her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1105a, as amended by § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). 1 We deny the petition.

Petitioner received adequate notice of her deportation hearing. 2 The notice was sent to her last known address, and she has submitted no evidence to estabhsh that dehvery was improper or that her failure to receive the notice was due to anything other than her failure to provide a correct address to the INS. See Urbina-Osejo v. INS, 124 F.3d 1314, 1317 (9th Cir.1997) (stating that “‘[Njotice of a deportation hearing sent by regular mail to the last address provided by the alien to the INS satisfies the requirements of constitutional due process,’ ” and requiring the petitioner to present substantial and probative evidence that delivery was improper or that nondelivery was not due to the failure to provide a correct address to the INS) (quoting…

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