U.S. Court of Appeals for the Ninth Circuit, 2010

Emiliano Mendez-Ochoa v. Eric H. Holder Jr.

Emiliano Mendez-Ochoa v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided November 1, 2010 · O'Scannlain, Leavy, Tallman
402 F. App'x 248

Emiliano Mendez-Ochoa v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

In these consolidated petitions for review, Emiliano Mendez-Ochoa, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s order denying his motion to reopen deportation proceedings held in absentia, and denying his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), we deny the petitions for review.

The agency did not abuse its discretion in denying Mendez-Ochoa’s motion to reopen where the Order to Show Cause showed it had been personally served on Mendez — Ochoa and contained notice of his next scheduled hearing in both Spanish and English. See Khan v. Ashcroft, 374 F.3d 825, 828 (9th Cir. 2004) (notice proper where INS adhered to statutorily imposed procedural requirements).

The BIA did not abuse its discretion in denying Mendez-Ochoa’s motion to reconsider where the motion failed to identify any error of fact or law in the agency’s prior decision denying his motion to reopen. See 8 C.F.R. § 1003.2(b)(1).

Mendez-Ochoa’s remaining contentions are unavailing.

PETITIONS FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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