Munive

MEMORANDUM ***

Bulmaro Amaro Munive, a putative native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) adopting and affirming the decision of an immigration judge denying his motion to reopen proceedings in which he was ordered deported in absentia. Because the transitional rules apply, we have jurisdiction under former 8 U.S.C. § 1105a(a). See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222-23 (9th Cir.2002). We review for abuse of discretion the denial of a motion to reopen, Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002), and we deny the petition for review.

The record supports the conclusion that Munive received both his Order to Show Cause and his hearing notice because proof of delivery by certified mail creates a strong presumption of effective service, and Munive offered no evidence to rebut that presumption. See id. To the extent Munive relies on ineffective assistance of counsel (“IAC”) as an “exceptional circumstance” warranting rescission of his deportation order, his claim fails because he did not comply with the threshold procedural requirements for claiming IAC. See Reyes v. Ashcroft, 358 F.3d 592, 596-97 (9th…