Ramirez-Vasquez
Ramirez-Vasquez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Elvia Marina Ramirez-Vasquez, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of her motion to reopen proceedings after she was ordered deported in absentia. 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 the denial of a motion to reopen for abuse of discretion, Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000) (per curiam), and we review due process claims de novo, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.
We reject Ramirez-Vasquez’s contention that she was deprived of due process because she did not receive written notice of the July 3, 1986 deportation hearing. At a hearing on November 1, 1985, the IJ orally informed both Ramirez-Vasquez and her attorney of the 1986 hearing date, and her attorney subsequently received written notice. Such notice complied with the statute in effect at the time of Ramirez-Vasquez’s hearing and did not violate her right to due process. See 8 U.S.C. § 1252 (b)(1) (1982)…