Ingrid Martinez Del Cid v. Eric Holder, Jr.

MEMORANDUM

Ingrid Yaneth Martinez Del Cid, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s order denying her motion to reopen removal proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the agency’s denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Martinez Del Cid’s motion to reopen, where service of notice was proper and she failed to show that she did not receive her Notice of Hearing. See 8 U.S.C. § 1229 (a)(2)(A), (c); Popa v. Holder, 571 F.3d 890, 897-98 (9th Cir.2009) (the government satisfies notice requirements by mailing notice of the hearing to an alien at the address last provided to the INS); Salta v. INS, 314 F.3d 1076, 1079 (9th Cir.2002) (an applicant’s sworn affidavit that neither she nor a responsible party residing at her address received the notice should ordinarily be sufficient to rebut the presumption of delivery when the notice of…