Chi Chan v. Eric Holder, Jr.

MEMORANDUM

Chi Wing Chan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Popa v. Holder, 571 F.3d 890, 894 (9th Cir.2009), and we deny the petition for review.

The agency did not abuse its discretion in denying Chan’s motion to reopen for failure to show lack of notice where the notice of hearing was sent by certified mail to the most recent address provided by Chan. See 8 U.S.C. § 1252b(a)(2)(A), (c)(1) (repealed 1996); see also Arrieta v. INS, 117 F.3d 429, 431 (9th Cir.1997) (per cu-riam) (“[N]otice by certified mail sent to an alien’s last known address can be sufficient under the Act, even if no one signed for it.”). The agency also did not abuse its discretion in concluding that Chan failed to present “substantial and probative evidence” to overcome the strong presumption of effective service. See Arrieta, 117 F.3d at 431 .

Chan’s claim that his Order to Show Cause was legally…