Karla Brooks v. Eric Holder, Jr.

MEMORANDUM

Maria Antonia Rodriguez-Paredes, a native and citizen of El Saldavor, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo due process claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Rodriguez-Paredes’ motion to reopen as untimely because she filed the motion more than eighteen years after the BIA’s final order of deportation. See 8 C.F.R. § 1003.2 (c)(2). Rodriguez-Paredes’ contention that reopening is warranted because she lacked adequate notice under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir.2004), is misplaced because she appeared for her scheduled hearing. It follows that Rodriguez-Paredes has not established a due process violation. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error and prejudice to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not…