Luis Solorzano-Mateo v. Eric H. Holder Jr.

MEMORANDUM

Luis Francisco Solorzano-Mateo (“So-lorzano”), a native and citizen of Gua-témala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to reopen removal proceedings conducted in absentia. We review the BIA’s denial of a motion to reopen for abuse of discretion, He v. Gonzales, 501 F.3d 1128, 1130 (9th Cir.2007), and we grant the petition for review.

Solorzano filed a motion to reopen his in absentia removal proceedings, stating that there “[wa]s no indication that [the] notice of hearing was ever mailed” to him in the first place. He included with his motion a signed declaration stating that he never received the NOH. The IJ denied Solorza-no’s motion to reopen, finding that the “[immigration] [c]ourt sent th[e] notice” by regular mail to Solorzano’s provided address, and that therefore “effective delivery” could be presumed. The BIA agreed and dismissed Solorzano’s appeal of the IJ’s decision, stating that “the record reflects that the Notice of Hearing [ ] was sent to [Solorzano] by regular mail [ ] to the address he provided.” Thus, the BIA squarely addressed…