Loloy-Ocampo

Loloy-Ocampo v. Ashcroft

Good Law
114 F. App'x 309
United States Court of Appeals for the Ninth CircuitNovember 16, 2004No. 02-74176; Agency No. A72-124-546California413 words

Opinion

Lead Opinion

MEMORANDUM *

Daniel Paul Loloy-Ocampo, a native and citizen of the Philippines, petitions for review of the dismissal of his appeal by the Board of Immigration Appeals (BIA) challenging an order by the Immigration Judge refusing to reopen deportation proceedings. We have jurisdiction pursuant to the now-repealed INA § 106(a), 8 U.S.C. § 1105a(a), as amended by IIRIRA’s transitional rules governing judicial review. Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc). We deny the petition.

The BIA did not abuse its discretion in concluding that Loloy-Ocampo’s motion to reopen was untimely. It was not filed within 180 days of his in absentia deportation order as 8 U.S.C. § 1252b(e)(3)(A) (repealed 1996) requires. To the extent Loloy-Ocampo now argues that he did not receive proper notice, the issue was not exhausted because he failed to develop any argument that the notice was invalid before the BIA. See INA ■§ 106(c), 8 U.S.C. § 1105a(c) (repealed 1996); Vargas v. U.S. Dep’t of Immigration and Naturalization, 831 F.2d 906, 907-08 (9th Cir.1987). In any event, the record shows that personal notice was impractical and that Loloy-Ocampo was served by certified mail at…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.