Singh
Singh v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Surinder Singh, a citizen of India, petitions for review of a final order of the Board of Immigration Appeals (“BIA”) affirming without opinion an order of exclusion issued by an Immigration Judge (“IJ”). Petitioner asserts that it was an abuse of discretion for the IJ to deny petitioner’s motion to reconsider the IJ’s previous denial of petitioner’s motion to reopen his exclusion proceedings. We have jurisdiction under section 106(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a)(1), and deny the petition for review.
Where, as here, the BIA affirms without opinion the decision of the IJ, the IJ’s decision constitutes the final agency determination for purposes of our review. See 8 C.F.R. § 1003.1 (e)(4) (2003). A denial of *535 a motion to reopen is reviewed for abuse of discretion, which will only be found when the denial was “arbitrary, irrational, or contrary to law.” Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000).
Petitioner does not dispute that the INS mailed a “Notice of Master Calendar Hearing” to petitioner’s Selma, California address on September 6, 1991, or that a copy of the IJ’s in absentia exclusion order was…