Lastimoza

Lastimoza v. Gonzales

Good Law
156 F. App'x 930
United States Court of Appeals for the Ninth CircuitDecember 5, 2005No. 04-70834California305 words

Opinion

Lead Opinion

MEMORANDUM **

Edgardo Kien Lastimoza, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s order denying his motion to reopen deportation proceedings conducted in absentia. We review for abuse of discretion, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002), and deny the petition for review.

Lastimoza seeks to reopen proceedings on the ground that he did not receive proper notice of his hearing. See 8 U.S.C. § 1252b(e)(3)(B) (1993). Notice was proper because the Order to Show Cause (“OSC”) and notices of hearing were sent by certified mail to Lastimoza’s last known address, and the certified mail receipt for the OSC was signed by a relative at that address. See In re Grijalva, 21 I. & N. Dec. 27, 32-34 , 1995 WL 314388 (BIA 1995) (holding OSC and notices of hearing must be sent by certified mail to last known address, and OSC return receipt must be signed by responsible person at address). Lastimoza provides no evidence that he was unaware of the requirement that he report his change of address to the *931 government, or that the relative who signed the return receipt was not a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.