Jimenez

Jimenez v. Gonzales

Good Law
123 F. App'x 810
United States Court of Appeals for the Ninth CircuitFebruary 25, 2005Nos. 03-72214, 03-73845California331 words

Opinion

Lead Opinion

MEMORANDUM ***

In these consolidated petitions, Maria Alba Jimenez, a native and citizen of Mexico, seeks review of two decisions of the Board of Immigration Appeals (“BIA”): (1) the denial of Jimenez’s motion to reopen and issue a newly dated decision (No. 03-72214), and (2) the denial of Jimenez’s motion to reconsider the BIA’s denial of her motion to reopen (No. 03-73845). We have partial jurisdiction pursuant to former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for abuse of discretion the denial of a motion to reconsider or to reopen. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petitions for review.

The BIA did not abuse its discretion when it determined, both in its denial of reopening and in its denial of reconsideration, that the agency properly mailed its decision to the address of record of Jimenez’s counsel of record. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (noting that the BIA complies with federal regulations when it mails its decision to counsel’s address of record); see also Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2002) (recognizing that notice to…

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