Blanco
Blanco v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Juan Fernando Uribio Blanco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s order denying his motion to rescind a deportation order entered in absentia and reopen his deportation proceedings to apply for adjustment of status. Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), we deny in part and grant in part the petition for review and remand for further proceedings.
The BIA correctly concluded that Uribio Blanco received sufficient notice of his hearing because the Order to Show Cause (“OSC”) was personally served on him and was written in both English and Spanish. Contrary to Uribio Blanco’s contention, there was no statutory requirement that the OSC be orally translated. See 8 U.S.C. 1252b(a)(3) (repealed 1996). Accordingly, the BIA did not abuse its discretion in refusing to rescind Uribio Blanco’s deportation order. See Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir. 2004) (holding that notice was proper where INS adhered to statutorily imposed procedural requirements).