Lauaki

MEMORANDUM **

Olivia Ngata Lauaki, a native and citizen of Tonga, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion the immigration judge’s (“IJ”) order denying her motion to reopen her removal proceedings, in which she was ordered removed to Tonga in absentia.

Lauaki pleaded guilty in 2001 to possession of rock cocaine in violation of Hawaii Revised Statutes § 712-1242(l)(b). Relying on that conviction, the INS initiated removal proceedings. After Lauaki failed *833 to attend her master calendar hearing, the IJ ordered her removed in absentia.

Lauaki moved to reopen her removal proceedings, claiming that she did not receive her hearing notice because her sister, whom she entrusted to pick up her mail, forgot to give it to her. The IJ denied this motion, ruling that Lauaki had failed to demonstrate “exceptional circumstances” excusing her failure to appear, and additionally denied the motion “as a matter of discretion” due to Lauaki’s conviction for possession of rock cocaine. The BIA summarily affirmed.

The denial of a motion to reopen is a final administrative decision subject to judicial review in the courts of appeals. 8…