Jose Manuel Celis-Castellano v. John Ashcroft, Attorney General

Celis-Castellano petitions for review of a final order of the Board of Immigration Appeals (Board), in which the Board dismissed his appeal from an order by an immigration judge (IJ) denying his motion to reopen his removal proceedings after he was ordered in absentia removed to Guatemala. The Board had jurisdiction pursuant to 8 U.S.C. § 1103 and 8 C.F.R. §§ 3.1 (b)(3), 3.23(b)(1) and 240.15. We have jurisdiction over this timely-filed petition pursuant to 8 U.S.C. § 1252 . We deny the petition.

I.

Petitioner Celis-Castellano is a native and citizen of Guatemala. He was admitted to the United States about January 1, 1983, as a non-immigrant alien with authorization to remain for a temporary period, not past March 1, 1983, but he did not leave. In a Notice to Appear dated May 21, 1998, the Immigration and Naturalization Service (INS) charged that Celis-Cas-tellano was subject to removal pursuant to 8 U.S.C. § 1227 (a)(1)(B), because after admission to the United States as a non-immigrant under 8 U.S.C. § 1101 (a)(15), he remained for a time longer than permitted.

Celis-Castellano was ordered to appear before an IJ for removal proceedings on June 24, 1998, at 1:30 p.m.…