Rosas-Valle
Rosas-Valle v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Abraham Rosas-Valle, his wife, and their five children, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen deportation proceedings. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for abuse of discretion the denial of a motion to reopen and review de novo due process claims. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We deny the petition for review.
Petitioners contend that they were deprived of due process because they did not receive the BIA’s order dated December 17, 2002, which summarily affirmed an Immigration Judge’s denial of their application for asylum and withholding of deportation, and therefore they could not file a timely petition for review with this Court. We disagree.
The record shows that the BIA mailed the December 2002 order to the address provided on petitioners’ counsel’s Notice of Entry of Appearance (Form EOIR-27) *299 dated September 24, 2001. The BIA did not abuse its discretion by denying petitioners’ motion to reopen because they did…