Elmquist

Elmquist v. Mukasey

Good Law
265 F. App'x 619
United States Court of Appeals for the Ninth CircuitJanuary 28, 2008No. 05-72043California257 words

Opinion

lead Opinion

MEMORANDUM **

Celia Maria Elmquist, a native and citizen of Brazil, petitions for review of an order of the Board of Immigration Appeals affirming without opinion an immigration judge’s (“IJ”) order denying her motion to reopen removal proceedings in which she was ordered removed in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and deny the petition for review.

Reviewing for abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), we conclude that the IJ acted within his discretion in denying Elmquist’s motion to reopen, because she does not dispute that her hearing notice was delivered to the correct address. The circumstances that led- Elmquist to miss her removal hearing are attributable to subsequent “internal workings of the household,” Matter of G-Y-R-, 23 I. & N. Dec. 181, 189 (BIA 2001) (en banc), including Elmquist’s admitted failure to go through the mail in a timely fashion.

*620 We also conclude that in these circumstances the IJ did not violate Elmquist’s due process rights by failing to consider her pending application for relief in determining whether the hearing notice was properly served. See Lata v. INS, 204 F.3d 1241, 1246…

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