Soo Kim v. Ashcroft

MEMORANDUM **

In Soo Kim, a native and citizen of South Korea, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance without opinion of an Immigration Judge’s (“IJ”) denial of his motion to reopen his deportation proceedings. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), this Court has jurisdiction under 8 U.S.C. § 1105a(a) (1995). This Court reviews the BIA’s denial of a motion to reopen for an abuse of discretion. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We deny in part, and dismiss in part the petition for review.

The IJ did not abuse her discretion in denying Petitioner’s motion to reopen his in absentia deportation order because Petitioner failed to rebut the presumption of effective service of his notice of hearing where it was sent by certified mail to his “most recent address,” and receipt was acknowledged. See 8 U.S.C. § 1252b(c)(l); Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997).

This Court lacks jurisdiction to review the BIA’s September 10, 2003 decision denying reconsideration because a separate petition for review was not filed with respect to that decision, and the mere…