Guei Ming Zhang v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Guei Ming Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of her motion to reopen in absentia exclusion proceedings. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to former 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). Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We dismiss in part and deny in part the petition for review.
The IJ did not abuse his discretion in denying Zhang’s motion to reopen because notice of the deportation hearing was sent to and received by Zhang’s attorney of record. See Garcia, 222 F.3d at 1209 (holding that notice to the attorney of record constitutes notice to the petitioner) (internal quotation omitted).