Badr

Badr v. Ashcroft

Good Law
56 F. App'x 786
United States Court of Appeals for the Ninth CircuitFebruary 6, 2003No. 01-71326; INS No. A70-930-286California924 words

Opinion

Lead Opinion

MEMORANDUM **

Ahmed Badr (“Badr”), a native and citizen of Egypt, petitions for review of a final order of the Board of Immigration Appeals (“BIA”), filed July 12, 2001, denying his request to reopen his proceedings to apply for suspension of deportation and asylum and denying his motion to reconsider its order of April 26, 2001. The April 26 order dismissed Badr’s appeal of an immigration judge’s (“IJ’s”) denial of a motion to reopen deportation proceedings.

The BIA had jurisdiction pursuant to 8 C.F.R. § 3.2 . We have jurisdiction over his petition under 8 U.S.C. § 1105a, as amended by the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. 104-208, Div. C, 110 Stat. 3009 -546, (Sept. 30, 1996) (“IIRIRA”) § 309(c)(4). We deny the petition.

We review for abuse of discretion the BIA’s denial of a motion to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The denial of a motion to reopen is also reviewed for an abuse of discretion. Rodriguez-Lariz v. INS, 282 F.3d 1218,1222 (9th Cir.2002).

Badr challenges an in absentia deportation order, arguing that his failure to appear was due to lack of notice of the hearing. Badr waived…

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