MEMORANDUM **

Rafael Antonio Rosales, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his motion to reopen removal proceedings held in ab-sentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of motions to reopen, Karapetyan v. Mukasey, 543 F.3d 1118, 1129 (9th Cir. 2008), and de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion in denying Rosales’ motion to reopen because he had received both oral and written notice of his next scheduled hearing at which he did not appear. See Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir. 2004) (notice proper where INS adhered to statutorily imposed procedural requirements). Rosales’ due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED.