Castillo-Mendoza v. Ashcroft
Opinion of the Court
MEMORANDUM
Carlos Castillo-Mendoza, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s denial of his motion to reopen deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) and we deny the petition.
We review for abuse of discretion the BIA’s decision to deny Castillo-Mendoza’s motion to reopen deportation proceedings and rescind its in absentia deportation order based on Castillo-Mendoza’s contention that he never received actual notice of his hearing. Urbina-Osejo v. INS, 124 F.3d 1314, 1316 (9th Cir. 1997). If an alien has failed to notify the agency of a change of address, notice is sufficient when the agency mails written notice to the alien’s “most recent address.” See 8 C.F.R. § 1003.26(d); see also Arrieta v. INS, 117 F.3d 429, 431 (9th Cir. 1997).
The agency served Castillo-Mendoza in person with an Order to Show Cause that: (1) explained the importance of appearing at his hearing; (2) showed the address the agency had on record; and (3) explained
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Carlos CASTILLO-MENDOZA v. John ASHCROFT, Attorney General
- Status
- Published