Mendoza

Mendoza v. Ashcroft

Good Law
120 F. App'x 84
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-73021California327 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Mauricio Mendoza, a native and citizen of El Salvador, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his second motion to reopen his in absentia deportation proceedings. We have jurisdiction under former 8 U.S.C. § 1105a. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s denial of Mendoza’s motion to reopen for abuse of discretion. Hernandez-Vivas v. INS, 23 F.3d 1557, 1560 (9th Cir.1994). We deny the petition for review.

The BIA properly concluded that Mendoza failed to demonstrate “reasonable cause” for failing to appear at his February 3, 1986 deportation hearing, as required by the former 8 U.S.C. § 1252 (b). See Hernandez-Vivas, 23 F.3d at 1559-60 (this court reviews de novo the BIA’s construction of former § 1252(b)’s “reasonable cause” requirement). Mendoza concedes that his counsel Digna L. Aguirre received oral notice of this hearing. Thus, Mendoza received proper notice. Cf. Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000) (per curiam) (written notice of hearing on alien’s attorney satisfies due process because “It is a longstanding principle that in ‘our legal system of…

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