Patel

MEMORANDUM **

Baldevbhai Somabhi Patel, a native and citizen of India, petitions for review of an order of the BIA dismissing his appeal from the immigration judge’s denial of his motion to reopen in absentia deportation proceedings from 1996. We have jurisdiction under 8 U.S.C. § 1105a(a) (1995), and we deny the petition.

Because the parties are familiar with the facts, we do not recount them in detail except as necessary. We apply pre-IIRIRA law to the order of deportation that became final on March 4, 1996, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and review de novo the claim of due process violation, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003). We apply transitional rules to the BIA’s denial of a motion to reopen, Kalaw, 133 F.3d at 1150 , and review for abuse of discretion, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002).

Petitioner may not reopen to rescind the 1996 in absentia deportation order because he received proper notice and did not show “exceptional circumstances.” 8 U.S.C. § 1252b(c)(3)(A) and (B) (1995); see Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002). Certified mail delivery “signed by the respondent or a responsible…