Henry Juarez-Batres v. Eric Holder, Jr.

MEMORANDUM

Henry Juarez-Batres, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his motion to reopen removal proceedings conducted in absen-tia. 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 questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The agency did not abuse its discretion in denying Juarez-Batres’ motion to reopen to rescind his removal order because the hearing notice was sent by regular mail to the address last provided by Juarez-Batres, and he failed to rebut the presumption of effective service. See Sembiring v. Gonzales, 499 F.3d 981, 986 (9th Cir.2007) (describing factors relevant to overcome presumption of effective service sent by regular mail). It follows that Juarez-Batres’ due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000).

Admission of the Form 1-213 (Record of Deportable/Inadmissible Alien) was proper because the form was probative, its admission was fundamentally fair, and…