Roberto Ascencio-Sanchez v. Eric Holder, Jr.

MEMORANDUM

Roberto Angel Ascencio-Sanchez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for abuse of discretion the denial of a motion to reopen, Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002), we deny the petition for review.

The agency did not abuse its discretion by denying Ascencio-Sanehez’s motion to reopen based on a lack of notice, because the agency had sent a notice of hearing by regular mail to Ascencio-Sanchez’s last known address of record, and Ascencio-Sanchez failed to provide sufficient evidence to overcome the presumption of proper delivery of the notice. See 8 U.S.C. § 1229a(b)(5)(A) (“[WJritten notice ... provided at the most recent address” given by the alien “shall be sufficient” for purposes of conducting in absentia removal proceedings.); cf. Salta, 314 F.3d at 1079 (discussing evidence sufficient to overcome the presumption of proper delivery).

The agency also did not abuse its discretion by denying…