Rodriguez-Lopez

Rodriguez-Lopez v. Gonzales

Good Law
130 F. App'x 194
United States Court of Appeals for the Ninth CircuitMay 10, 2005No. 03-74670California379 words

Opinion

Lead Opinion

MEMORANDUM ***

Olga Rodriguez-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) decision dismissing her appeal from an immigration judge’s (IJ) denial of Rodriguez-Lopez’s motion to reconsider the IJ’s denial of her motion to reopen in absentia removal proceedings. We have jurisdiction conferred by 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s order affirming the 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.

We disagree with Rodriguez-Lopez’s contention that she did not receive adequate and proper notice of the individual deportation hearing. Rodriguez-Lopez did not appear at this hearing and was ordered deported in absentia. The record contains a “Notice of Hearing in Deportation Proceedings” which stated the date, time, and location of Rodriguez-Lopez’s individual deportation hearing. The Notice further stated that “this written notice was provided to the alien” and “oral notice of the contents of this notice was given to the alien.” The Notice was signed by an immigration…

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