Povall

MEMORANDUM *

Gary Edward Povall, a native and citizen of England, petitions for review of two decisions by the Board of Immigration Appeals (“BIA” or “Board”). In No. 02-72306, the BIA affirmed without opinion the decision of the Immigration Judge (“IJ”), ordering that Povall be excluded and deported from the United States. In No. 03-72445, the BIA denied Povall’s motion to reopen proceedings. The cases have been consolidated for review. Povall contends that the IJ did not have jurisdiction to enter an in absentia order of exclusion and deportation because he had not been detained or paroled into the United States. We have jurisdiction pursuant to 8 U.S.C. § 1105a, as amended by § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. We deny both petitions.

Where the BIA affirms without opinion, we review the decision of the IJ as though it were the decision of the BIA. Chete Juarez v. Ashcroft, 376 F.3d 944, 947 (9th Cir.2004). The BIA’s denial of a motion to reopen is reviewed for an abuse of discretion and can be overturned “if the BIA acted ‘arbitrarily, irrationally, or contrary to law.’” Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir.2004)…