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NOT FOR PUBLICATION JUL 21 2011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