Figueroa-Herrera

MEMORANDUM **

Daysi Figueroa-Herrera, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s order denying her motion to rescind a deportation order entered in absentia and reopen her deportation proceedings to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), we deny in part and grant in part the petition for review and remand for further proceedings.

The agency correctly concluded that Figueroa-Herrera received adequate notice of her hearing because the record indicates the Order to Show Cause, written in both English and Spanish, was personally served on her. See 8 U.S.C. § 1252b(a)(3) (repealed 1996). Accordingly, the BIA did not abuse its discretion in refusing to rescind Figueroa-Herrera’s deportation order. See Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir.2004) (notice proper where INS adhered to statutorily imposed procedural requirements).

Since Petitioner has not established error, it follows that she has not shown a due process violation. See Lata v.…