Pleitez

MEMORANDUM **

Dorelia Carmilina Nova Pleitez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s order denying her motion to reopen her deportation proceedings conducted in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion, Singh v. INS, 213 F.3d *770 1050, 1052 (9th Cir.2000), and we deny in part and grant in part the petition for review, and remand for further proceedings.

The BIA correctly concluded that petitioner received sufficient notice of her hearing because it is undisputed that she was personally served with an Order to Show Cause (“OSC”) that contained notice of her hearing and was written in both English and Spanish. Contrary to petitioner’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 See 8 U.S.C. 1252b(a)(3) (repealed 1996).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 petitioner’s deportation order.

Relying on the BIA’s decision In re M-S- 22 I. & N. Dec. 349 (BIA 1998) (en banc), petitioner contends that even if her deportation order is not rescinded, her motion…