Irma Juarez-Romero v. Eric Holder, Jr.

MEMORANDUM

Irma Candelaria Juarez-Romero, 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 (“IJ”) denial of her motion to reopen deportation proceedings held in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We re view for abuse of discretion the denial of a motion to reopen and remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005), and review de novo questions of law, Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Juarez-Romero’s motion to reopen for failure to show lack of notice where the government demonstrated proper service of the Order to Show Cause (“OSC”) and the Notice of Hearing. See 8 U.S.C. § 1252b(a)(l), (a)(2)(A), (c)(1) (repealed 1996); see also Chaidez v. Gonzales, 486 F.3d 1079, 1085 (9th Cir.2007) (“For OSCs, service was proper only if the INS established that the return receipt was signed by the alien or a responsible person at the alien’s address.”); Arrieta v. INS, 117 F.3d 429, 431 (9th Cir.1997) (per…