FILED
NOT FOR PUBLICATION MAY 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
XIUZHU ZHANG, No. 09-72488
Petitioner, Agency No. A078-727-598
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.
Xiuzhu Zhang, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her motion to reopen removal proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review
*
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).
for abuse of discretion the denial of a motion to reopen, Lin v. Holder, 588 F.3d
981, 984 (9th Cir. 2009), and we deny the petition for review.
The BIA did not abuse its discretion in denying Zhang’s motion to reopen to
rescind her removal order because the hearing notice was sent by regular mail to
the address last provided by Zhang and the evidence submitted by Zhang was not
sufficient to overcome the presumption of effective service. Cf. Sembring v.
Gonzales, 499 F.3d 981, 988-90 (9th Cir. 2007) (describing evidence sufficient to
overcome presumption of effective service).
Due process was satisfied because “[t]he method of service was reasonably
calculated to ensure that notice reached [Zhang].” Farhoud v. INS, 122 F.3d 794,
796 (9th Cir. 1997).
To the extent Zhang contends that she should have been permitted to file a
successive asylum application under 8 U.S.C. § 1158(a)(2)(D), this contention is
foreclosed by Chen v. Mukasey, 524 F.3d 1028, 1032 (9th Cir. 2008) (an alien
subject to a final removal order may only reapply for asylum through a successful
motion to reopen).
PETITION FOR REVIEW DENIED.
2 09-72488