Guerrero-Mancia

Guerrero-Mancia v. Gonzales

Good Law
213 F. App'x 552
United States Court of Appeals for the Ninth CircuitDecember 18, 200604-72942California558 words

Opinion

Lead Opinion

MEMORANDUM ***

Alexi Abigail Guerrero-Mancia, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“U”) denial of his motion to reopen proceedings after he was ordered deported in absentia. We have jurisdiction pursuant to former 8 U.S.C. § 1105 (a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for abuse of discretion the denial of a motion to reopen, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.2002), with factual findings reviewed for substantial evidence. Hamowi v. Ashcroft, 389 F.3d 821 , 826 (9th Cir.2004). We deny the petition for review.

Since the parties are fully conversant with the facts, we discuss only those pertinent to our decision. On January 19,1995, Guerrero-Mancia failed to appear at a scheduled deportation hearing and was ordered deported. On May 19, 2003, Guerrero-Mancia, represented by counsel, filed a motion to reopen. He argued before the IJ that his motion should be granted because he had never received notice of the January 19, 1995 deportation hearing. He submitted a declaration, which asserted in relevant part: “I did not receive…

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