Opinion
No. 10-70131.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
July 21, 2011.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A072-532-862.
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Isaias Gonzalez-Maya, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his motion to reopen proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Salta v. INS, 314 F.3d 1076, 1078 (9th Cir. 2002), and we deny the petition for review.
The agency did not abuse its discretion in denying the motion to reopen on the ground that Gonzalez-Maya failed to demonstrate that personal service of the Order to Show Cause provided him insufficient notice of his hearing. See Khan v. Ashcroft, 374 F.3d 825, 829 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.