Jose Lopez-Rubio v. Eric Holder, Jr.

MEMORANDUM

Jose Manuel Lopez-Rubio, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s order denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the agency’s denial of a motion to reopen, Lin v. Holder, 588 F.3d 981, 984 (9th Cir.2009), and we deny the petition for review.

The agency did not abuse its discretion in denying Lopez-Rubio’s motion to reopen based on lack of notice where the record shows that on February 17, 2006, Lopez-Rubio was personally served with a Notice to Appear prior to his release from detention, containing the time, date, and location of his hearing. See 8 U.S.C. §§ 1229 (a)(1), 1229a(b)(5).

The agency also did not abuse its discretion in denying Lopez-Rubio’s motion to reopen based on changed country conditions, where Lopez-Rubio failed to present evidence of a change in country conditions in El Salvador. See 8 U.S.C. § 1229a(c)(7)(C)(ii); Lin, 588 F.3d at 986 .

Contrary to Lopez-Rubio’s contention, the BIA’s affirmance without opinion of the…