Reyes-Lorenzo

Reyes-Lorenzo v. Gonzales

Good Law
140 F. App'x 735
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 04-72540; Agency No. A72-154-001California407 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Reyes-Lorenzo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his motion to reopen deportation proceedings conducted in absentia. To the extent we have jurisdiction, it is conferred by former section 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s ruling on a motion to reopen for an abuse of discretion. Shaar v. INS, 141 F.3d 953, 955 (9th Cir.1998). Questions of law are reviewed de novo, Lopez v. INS, 184 F.3d 1097, 1099 (9th Cir.1999), as are claims of due process violations in deportation proceedings. Monjaraz-Munoz v. INS, 327 F.3d 892, 895 (9th Cir.2003). We deny the petition for review.

The record supports the conclusion that Reyes-Lorenzo was given proper notice of his deportation hearing. The notice of hearing was sent to Reyes-Lorenzo’s address of record via certified mail and was signed for by Maria Garcia, a woman Reyes-Lorenzo told Border Patrol agents was his wife. Notice sent by certified mail creates a strong presumption of delivery, see Arrieta v. INS, 117 F.3d 429, 432 (9th Cir.1997),…

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