FILED
NOT FOR PUBLICATION JUN 01 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LILIAN MARIBEL TORRES, No. 09-72801
Petitioner, Agency No. A070-882-532
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Lilian Maribel Torres, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming
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, and review de
novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785,
791-92 (9th Cir. 2005). We deny the petition for review.
The agency did not abuse its discretion in denying Torres’ motion to reopen
on the ground that she failed to show that personal service of an Order to Show
Cause was insufficient to provide her with notice of her responsibility to notify the
immigration court of her changes of address. See 8 U.S.C. § 1229(a)(1)(F)(ii).
Nor did the agency abuse its discretion in finding unpersuasive Torres’ contention
that she could not have received adequate notice because she did not provide any
address to immigration officials, because where an alien fails to provide an
address, no written notice of hearing is required. 8 U.S.C. § 1252b(c)(2) (repealed
1996).
It follows that Torres has not established a due process violation. See Lata
v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (petitioner must show error to prevail
on a due process claim).
PETITION FOR REVIEW DENIED.
2 09-72801