Martinez-Reyes

Martinez-Reyes v. Ashcroft

Good Law
76 F. App'x 148
United States Court of Appeals for the Ninth CircuitSeptember 18, 2003No. 02-73995; Agency No. A29-656-136California247 words

Opinion

Lead Opinion

MEMORANDUM ***

Andres Martinez-Reyes, a native and citizen of Mexico, petitions for review of *149 the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal of the immigration judge’s denial of his motion to reopen, filed eight years after Martinez-Reyes was ordered deported in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the denial of a motion to reopen for abuse of discretion, Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000) (per curiam), and we deny the petition for review.

Martinez-Reyes moved to reopen on the ground that he failed to attend his deportation hearing because he did not receive notice of the date of the hearing. The BIA did not abuse its discretion in dismissing Martinez-Reyes’s appeal because notice of the hearing was sent by certified mail to Martinez-Reyes at his address of record. See Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997).

To the extent that Martinez-Reyes argues improper delivery or nondelivery by the postal service, he failed to submit evidence to support this argument. See Arrieta v. INS, 117 F.3d 429, 432 (9th Cir. 1997) (per…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.