De Jesus Oliva v. Gonzales

MEMORANDUM **

Santiago de Jesus Oliva, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s denial of his motion to reopen following an in absentia order of deportation entered on April 27, 1995. He contends that the order of deportation should be rescinded because he did not receive notice of his hearing. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

We review the denial of a motion to reopen under 8 C.F.R. § 1003.2 for an abuse of discretion. Shaar v. INS, 141 F.3d 953, 955 (9th Cir.1998). We review the immigration judge’s fact findings for substantial evidence. Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). Determinations of purely legal questions are reviewed de novo. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000).

An order to show cause was served on de Jesus Oliva by certified mail. It therefore was effectively delivered. See Busquets-Ivars v. Ashcroft, 333 F.3d 1008, 1009 (9th Cir.2003) (holding that notice sent by certified mail to petitioner’s last known address entitled to strong presumption of effective delivery). De Jesus Oliva did not…