Sharma

MEMORANDUM *

Padma Pradhan, alias Raj Kumar Sharma (“Sharma,”) petitions for review of the Board of Immigration Appeals (“BIA”) decision upholding an Immigration Judge’s denial of his motion to reopen. We deny the petition.

Sharma entered the U.S. from Nepal without inspection in February 1992 and was placed in deportation proceedings under the alias Raj Kumar Sharma. His signature on a certified mail form attests that he received an Order to Show Cause on January 26, 1994. He twice applied for asylum, which was twice denied. A notice of deportation hearing set for June 23, 1994 was mailed to him; it was returned as misaddressed. After issuing a deportation order in absentia, the Immigration Judge reopened the case sua sponte and sent out new notices of a February 9, 1995 hearing to both the old and a new address. Both were returned as misaddressed. A deportation order was issued and he failed to surrender.

On September 7, 1995, Sharma married a lawful permanent resident, who filed a visa petition on his behalf. The INS approved the petition. On April 19, 2000, he filed an adjustment of status application using his true birth name, Parma Pradhan. The application was denied…