Munoz

Munoz v. Gonzales

Good Law
179 F. App'x 419
United States Court of Appeals for the Ninth CircuitMay 10, 2006No. 04-72037California324 words

Opinion

lead Opinion

MEMORANDUM ***

Jose Daniel Munoz (“Munoz”), a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) denial of his motion to reopen proceedings in which he was ordered deported in absentia. We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a), Socop-Gonzalez v. INS,. 272 F.3d 1176, 1183 (9th Cir.2001) (en banc), we review for abuse of discretion, id. at 1187 , and we deny the petition for review.

The IJ properly denied Munoz’s motion to reopen. The record reflects that Munoz’s Order to Show Cause (“OSC”) was sent as certified mail via the United States Postal Service (“USPS”) with a request for a signed return receipt. The signed return receipt shows that the USPS article was delivered to Munoz’s last known address. Notably, Munoz does not argue that the individual who signed the return receipt did not in fact receive the article or that the individual was not competent to sign the receipt. The only evidence that *420 Munoz presented that he did not receive the OSC were his own written statements in support of the motion to reopen.

In light of the strong presumption that the USPS…

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.