Rodriguez-Puente

MEMORANDUM ***

Julian Rodriguez-Puente, a native and citizen of Mexico, petitions for review of the BIA’s decision summarily affirming the IJ’s denial of his motion to reopen his deportation proceedings. We affirm.

The facts are known to the parties and will only be recited here insofar as necessary to explain our decision. RodriguezPuente, who was released from immigration custody on bond, was ordered deported in absentia when he failed to appear at a rescheduled July 22, 1998, hearing, for which he had been mailed a notice to appear. The notice was sent by regular mail to the address Rodriguez-Puente had last provided. Two days after the rescheduled hearing, the INS received a change of address from Rodriguez-Puente, indicating he had relocated as of May 28, 1998.

8 U.S.C. § 1229 (a)(1) requires the INS to give written notice in removal proceedings “in person to the alien (or, if personal service is not practicable, through service by mail ...).” Notice of a change or postponement to a hearing date, the situation we encounter here, may be made in the same manner. 8 U.S.C. § 1229 (a)(2)(A). The notice sent to Rodriguez-Puente’s last recorded address was sufficient to satisfy…