FILED
NOT FOR PUBLICATION JUN 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANIL KESHEV PATEL, No. 09-72893
Petitioner, Agency No. A028-776-610
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Anil Keshev Patel, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his motion to reopen deportation proceedings conducted
in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse 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).
discretion the denial of a motion to reopen, Arrieta v. INS, 117 F.3d 429, 430 (9th
Cir. 1997) (per curiam) and we deny the petition for review.
The agency did not abuse its discretion in denying Patel’s motion to reopen
to rescind his deportation order because the hearing notice was sent by certified
mail to the address last provided by Patel and he failed to rebut the presumption of
effective service. See id. at 431 (“[N]otice by certified mail sent to an alien’s last
known address can be sufficient under the Act, even if no one signed for it.”); see
also 8 U.S.C. § 1252b(a)(2) & (a)(1)(F) (1994).
PETITION FOR REVIEW DENIED.
2 09-72893