U.S. Court of Appeals for the Ninth Circuit, 2011

Alex Flores Rubio v. Eric Holder, Jr.

Alex Flores Rubio v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 15, 2011 · Fletcher, Clifton, Bea
427 F. App'x 580

Alex Flores Rubio v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Alex Renberto Flores Rubio, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of *581 discretion the denial of a motion to reopen. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir. 2009). We deny the petition for review.

The IJ did not abuse her discretion in denying Flores Rubio’s motion to reopen because Flores Rubio presented insufficient evidence to overcome the presumption that his hearing notice was properly delivered via regular mail. See 8 U.S.C. § 1229a(b)(5)(C)(ii); see also Sembiring v. Gonzales, 499 F.3d 981, 988 (9th Cir. 2007) (“The test for whether an alien has produced sufficient evidence to overcome the presumption of effective service by regular mail is practical and commonsensical rather than rigidly formulaic.”).

PETITION FOR REVIEW DENIED.

**

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

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