FILED
NOT FOR PUBLICATION MAY 04 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIESLA DEL CARMEN No. 09-71619
BRACAMONTE-ROMERO,
Agency No. A077-152-140
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Mariesla Del Carmen Bracamonte-Romero, a native and citizen of Peru,
petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s decisions denying her 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. Reviewing for abuse of discretion, Salta v. INS, 314 F.3d 1076,
1078 (9th Cir. 2002), we deny the petition for review.
Contrary to Bracamonte-Romero’s contention, the agency did not abuse its
discretion in concluding that she failed to overcome the presumption of effective
service created by regular mail. Cf. id. at 1079-80; Sembiring v. Gonzales, 499
F.3d 981, 988 (9th Cir. 2007).
Nor did the BIA abuse its discretion in denying Bracamonte-Romero’s
motion to reopen because the motion failed to offer any new or previously
unavailable evidence. See 8 C.F.R. § 1003.2(c)(1).
Bracamonte-Romero’s motion to stay is denied.
Counsel Antonia R. Salazar’s motion to withdraw as counsel on behalf of
Bracamonte-Romero is granted. Court records shall be amended to reflect
petitioner Marisela Del Carmen Bracamonte-Romero 4801 108th St. #B-202,
Lynwood, WA 98037, is proceeding pro se.
PETITION FOR REVIEW DENIED.
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