FILED
NOT FOR PUBLICATION JAN 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA AUXILIO RODRIGUEZ- No. 08-75228
LANDA, a.k.a. Veronica Avina-Martinez,
Agency No. A070-171-043
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Maria Auxilio Rodriguez-Landa, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ order dismissing her appeal from
an immigration judge’s decision denying her motion to reopen deportation
proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We review for abuse of discretion the denial of a motion to reopen, Garcia v. INS.
222 F.3d 1208, 1209 (9th Cir. 2000) (per curiam), and we deny the petition for
review.
The agency did not abuse its discretion in denying Rodriguez-Landa’s
motion to reopen because Rodriguez-Landa’s former counsel received proper
notice of the deportation hearing held on April 14, 1994. See id. (notice to an
attorney of record constitutes notice to petitioner); cf. Flores-Chavez v. Ashcroft,
362 F.3d 1150, 1153 (9th Cir. 2004).
Rodriguez-Landa’s remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.
2 08-75228