MEMORANDUM **

Juan Miguel Fonseca-Vidaurre, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reissue the BIA’s prior order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo claims of due process violations, Can o-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny the petition for review.

The BIA did not abuse its discretion or violate due process in denying Fonseca-Vidaurre’s motion to reissue, where it considered his evidence of non-receipt and properly concluded that it was insufficient to rebut the presumption of proper mailing. See Singh v. Gonzales, 494 F.3d 1170, 1172 (9th Cir. 2007) (BIA fulfills its statutory duty of service if a decision was properly mailed); see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

PETITION FOR REVIEW DENIED.