Singh

Singh v. Immigration & Naturalization Service

Good Law
61 F. App'x 357
United States Court of Appeals for the Ninth CircuitMarch 21, 2003No. 01-71750; INS No. A75-253-599California509 words

Opinion

Lead Opinion

MEMORANDUM **

Joginder Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s denial of his motion to reopen proceedings after he was ordered deported in absentia. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review the denial of a motion to reopen for an abuse of discretion, Dobrota v. INS, 311 F.3d 1206, 1211 (9th Cir.2002), and we review due process claims de novo, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Singh contends that his right to due process was violated when the immigration judge (“IJ”) gave him notice of his rescheduled deportation hearing in English rather than Punjabi. We disagree. After determining that Singh did not speak English, the IJ scheduled a new deportation hearing with a Punjabi interpreter. The IJ gave Singh written notice of the new hearing that complied with all of the statutory requirements. See 8 U.S.C. § 1252b(a)(2)(B) (1994) (notice of a change or postponement of a deportation hearing must be written…

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