NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KAREN VANESSA ROJAS- No. 12-73752
HERNANDEZ,
Agency No. A097-808-964
Petitioner,
v. MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Karen Vanessa Rojas-Hernandez, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
her motion to reconsider its prior denial of her motion to reopen removal
proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1252. We review for abuse of discretion the denial of a motion to reconsider.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We dismiss in part
and deny in part the petition for review.
We lack jurisdiction to consider Rojas-Hernandez’s challenges to the
agency’s denial of her motion to reopen, because this petition is not timely as to
the BIA’s August 2012 order. See 8 U.S.C. § 1252(b)(1) (petition for review must
be filed within 30 days of the order under review).
The BIA did not abuse its discretion in denying Rojas-Hernandez’s motion
to reconsider on the ground that she did not meet her burden to show she provided
an address at which she could be contacted, where all immigration court notices
sent to the address on file were returned as undeliverable. See 8 C.F.R.
§ 1003.23(b)(4)(ii) (a motion to reopen in absentia proceedings based on lack of
notice may be filed at any time); 8 U.S.C. §1229(a)(1)(F)(i) (“the alien must
immediately provide . . . a written record of an address . . . at which the alien may
be contacted . . . ”); 8 U.S.C. § 1229(c) (“Service by mail [of a hearing notice]
shall be sufficient if there is proof of attempted delivery to the last address
provided by the alien . . .”)
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 12-73752