Carpio-Reyes v. Holder
Opinion of the Court
Carpio-Reyes does not dispute that the Order to Show Cause was personally served on her, and she concedes she failed to provide the immigration court with an address where she could be contacted. See 8 C.F.R. § 3.15(c) (1994). The IJ, therefore, properly ordered her deported in absentia when she failed to appear at the immigration hearing, and the agency acted within its discretion in denying Carpio-Reyes’ motion to reopen to rescind her deportation order. See 8 U.S.C. § 1252b(c)(2)-(3) (1994); Sequeiror-Solano v. INS, 104 F.3d 278, 279 (9th Cir. 1997). Contrary to Carpio-Reyes’ contention, the agency considered her claim of non-receipt.
Carpio-Reyes’ contention that the BIA violated due process by failing to provide her with a transcript of proceedings fails because she did not demonstrate prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring prejudice for a petitioner to prevail on a due process claim).
Carpio-Reyes has waived any challenge to the agency’s denial of her motion to reopen under the Nicaraguan Adjustment and Central American Relief Act. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Leibis Doralia CARPIO-REYES v. Eric H. HOLDER Jr., Attorney General
- Status
- Published