Sanchez
Sanchez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Din Joe Sanchez, a native and citizen of Peru, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reconsider the BIA’s March 8, 2002 decision dismissing his appeal from an immigration judge’s (“IJ”) denial of his motion to reconsider the IJ’s denial of his motion to reopen removal proceedings wherein petitioner was ordered removed in absentia. We have jurisdiction under 8 U.S.C. § 1252 (b). We review denial of a motion for reconsideration for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for review.
The BIA did not abuse its discretion when it denied Sanchez’s motion for reconsideration because Sanchez failed to show why the BIA’s application of the standard articulated in In Re G-Y-R- 23 I. & N. Dec. 181 (BIA 2001) was impermissibly retroactive. See 8 U.S.C. § 1229a(b)(5), (e)(1) (stating consequences of failure to appear and defining “exceptional circumstances” under the permanent rules). Petitioner’s reliance on Salta v. INS, 314 F.3d 1076 (9th Cir.2002) is unavailing because here it is undisputed that the postal *345 service delivered the letters to the address…