Castillo-Mendoza

Castillo-Mendoza v. Ashcroft

Good Law
113 F. App'x 297
United States Court of Appeals for the Ninth CircuitNovember 22, 2004No. 03-73124; Agency No. A74 370 137California301 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Castillo-Mendoza, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s denial of his motion to reopen deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) and we deny the petition.

We review for abuse of discretion the BIA’s decision to deny Castillo-Mendoza’s motion to reopen deportation proceedings and rescind its in absentia deportation order based on Castillo-Mendoza’s contention that he never received actual notice of his hearing. Urbina-Osejo v. INS, 124 F.3d 1314, 1316 (9th Cir.1997). If an alien has failed to notify the agency of a change of address, notice is sufficient when the agency mails written notice to the alien’s “most recent address.” See 8 C.F.R. § 1003.26 (d); see also Arrieta v. INS, 117 F.3d 429, 431 (9th Cir.1997).

The agency served Castillo-Mendoza in person with an Order to Show Cause that: (1) explained the importance of appearing at his hearing; (2) showed the address the agency had on record; and (3) explained *298 that Castillo-Mendoza was responsible for keeping the agency apprised of his address…

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