Espino-Roldan

MEMORANDUM **

Rafael Espino-Roldan petitions this court to review his motion to reopen immigration proceedings in which he was ordered deported in absentia. We review the immigration judge’s (“IJ”) denial of a motion to reopen for abuse of discretion, and review de novo pure questions of law. Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000). We deny the petition for review.

Thirteen days after Espino-Roldan signed for an Order to Show Cause on September 2, 1993, the Immigration and Naturalization Service (“INS”) sent a Notice of Hearing in Deportation Proceedings (“Notice”) to him at the same address, informing him of the time and location of his scheduled hearing on December 17, 1993. The Notice was returned as “unclaimed” after two delivery attempts by the United States Postal Service. At the December 17, 1993 hearing, Espino-Rol-dan did not appear and was ordered deported to Mexico in absentia.

More than eight years later, Espino-Roldan filed a motion to reopen. He contends that because he did not receive the Notice, his motion to reopen is timely and the in absentia order of deportation was invalid pursuant to immigration law in effect at the time, 8 U.S.C. §§ 1252b(a)(2),…