Juan Estrada-Luis v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUL 21 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JUAN CARLOS ESTRADA-LUIS, No. 10-71828 Petitioner, Agency No. A070-219-806 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 12, 2011 ** Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges. Juan Carlos Estrada-Luis, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his motion to reopen deportation * 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). proceedings conducted in absentia. We review for abuse of discretion, Arrieta v. INS, 117 F.3d 429, 430 (9th Cir. 1997), and we deny the petition for review. The IJ did not abuse his discretion in denying Estrada-Luis’ motion to reopen where the record contains a certified mail receipt for the notice of hearing bearing Estrada-Luis’ signature, and Estrada-Luis failed to address this evidence in his affidavit. See Arrieta, 117 F.3d 429 at 431-32 (rebuttal of the strong presumption of effective service arising from notice by certified mail requires showing of nondelivery or improper delivery by the Postal Service); Matter of Grijalva, 21 I. & N. Dec. 27, 37 (BIA 1995). PETITION FOR REVIEW DENIED. 2 10-71828