FILED
NOT FOR PUBLICATION MAR 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARTURO ALEJANDRO VAZQUEZ- No. 09-70126
BERMUDEZ,
Agency No. A078-016-582
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Arturo Alejandro Vazquez-Bermudez, 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 removal proceedings conducted in absentia. We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review for abuse of 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 agency did not abuse its discretion in denying the motion to reopen
because Vazquez-Bermudez presented insufficient evidence to overcome the
presumption of effective service and thereby failed to demonstrate that he did not
receive his notice to appear and notice of hearing. See 8 U.S.C.
§ 1229a(b)(5)(C)(ii); cf. Salta v. INS, 314 F.3d 1076, 1079 (9th Cir. 2002)
(petitioner rebuts presumption where she has actually initiated a proceeding to
obtain a benefit, has appeared at a prior hearing, and provides a sworn affidavit that
neither she nor a responsible party residing at her address received the notice).
PETITION FOR REVIEW DENIED.
2 09-70126