Jian Zhang v. Gonzales

MEMORANDUM **

*610 Jian Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s order denying his motion to reopen removal proceedings held in absentia. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion. Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002). We deny in part, and dismiss in part, the petition for review.

Zhang contends that he did not receive the notice of hearing sent to him by regular mail in August 2003. The BIA did not abuse its discretion in concluding that Zhang failed to rebut the presumption of delivery created by regular mail. Although the affidavit Zhang submitted with his motion to reopen stated that he did not receive the notice at issue, it did not state that no other responsible party living at his address received the notice. See id. at 1079 (holding that a sworn affidavit that neither the petitioner “nor a[nother] responsible party” residing at the petitioner’s address received the notice will “ordinarily” be sufficient to rebut the presumption of delivery created by regular…