Abdul-Hadi v. Ashcroft
Opinion of the Court
MEMORANDUM
Petitioner Dunia Marwan Fuad Abdul Hadi, a native of Palestine and citizen of Israel, petitions for review of a decision of the Board of Immigration Appeals, dismissing her appeal of the Immigration Judge’s denial of her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1105a, as amended by § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”).
Petitioner received adequate notice of her deportation hearing.
DENIED.
xhis disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.
. Deportation proceedings were commenced against Petitioner prior to April 1, 1997, and the final order of deportation was entered after October 30, 1996; therefore, the transitional rules of IIRIRA apply to this case. Chand v. INS, 222 F.3d 1066, 1073 (9th Cir. 2000).
. Because the parties are familiar with the facts, we do not recite them here except as necessary to aid in understanding this disposition.
. Moreover, unlike the petitioner in Urbina-Osejo, she has submitted no evidence that she did not know of the requirement to inform the INS of her correct address. See Urbina-Osejo, 124 F.3d at 1316-17 (considering the petitioner’s declaration that she was a minor and did not know of the need to inform the INS of her address). Petitioner therefore has failed to establish reasonable cause for her failure to appear at the hearing. See id. at 1316 (stating that "an IJ could hold a deportation hearing in absentia if the alien had been given a reasonable opportunity to be present and ‘without reasonable cause fail[ed] or refuse[d]
Reference
- Full Case Name
- Dunia Marwan Fuad ABDUL-HADI v. John ASHCROFT, Attorney General Immigration and Naturalization Service
- Status
- Published