FILED
NOT FOR PUBLICATION MAR 25 2011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
MARTHA ALICIA CERNA AREBALO, No. 09-70831
Petitioner, Agency No. A079-523-206
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.
Martha Alicia Cerna Arebalo, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reissue the BIA’s previous decision denying her motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
*
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).
a motion to reopen, and review de novo claims of due process violations.
Hernandez-Velasquez v. Holder, 611 F.3d 1073, 1077 (9th Cir. 2010). We deny
the petition for review.
The BIA did not abuse its discretion or violate due process in denying Cerna
Arebalo’s motion to reissue, where it concluded that the evidence submitted was
insufficient to rebut the presumption of proper mailing. See Singh v. Gonzales,
494 F.3d 1170, 1172-73 (9th Cir. 2007) (BIA is obligated to consider and address
the evidence submitted by petitioner); see also Lata v. INS, 204 F.3d 1241, 1246
(9th Cir. 2000) (requiring error for petitioner to prevail on a due process claim).
PETITION FOR REVIEW DENIED.
2 09-70831