IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60170
Summary Calendar
FRANCISCO ANTONIO CASTILLO,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
(A28 343 270)
--------------------
January 10, 2003
Before BARKSDALE, DEMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Francisco Antonio Castillo (“Castillo”) has filed a petition
for review of a final order of the Board of Immigration Appeals
(“BIA”) affirming the denial of Castillo’s motion to reopen his
deportation proceeding. Castillo was ordered deported in absentia
on May 13, 1988, when he failed to appear for his deportation
hearing.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Contrary to Castillo’s assertion, the BIA did not determine
that the motion to reopen was untimely; the BIA denied the motion
on the basis that Castillo did not establish “reasonable cause” for
his failure to attend the hearing. The BIA did not abuse its
discretion in denying the motion. See Lara v. Trominski, 216 F.3d
487 (5th Cir. 2000); United States v. Estrada-Trochez, 66 F.3d 733,
735-36 (5th Cir. 1995). To the extent that the BIA determined that
Castillo’s request for substantive relief in the form of an
adjustment of status was untimely, Castillo asserts only that he
would have filed a timely motion for relief had he been given
proper notice of the deportation order. Inasmuch as he has not
shown that the notice was improper, this argument is without merit.
PETITION DENIED.
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