FILED
NOT FOR PUBLICATION MAR 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROHVICJ LOPEZ Y LOPEZ, No. 12-70483
Petitioner, Agency No. A070-945-380
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013 **
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Rohvicj Lopez Y Lopez, a native and citizen of Guatemala, petitions pro se
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s order denying his motion to reopen deportation
proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review for abuse of discretion the denial of a motion to reopen, and review de
novo questions of law. Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008).
We deny the petition for review.
The agency did not abuse its discretion in denying Lopez Y Lopez’s motion
to reopen where one of his counsel of record was properly served with written
notice by certified mail of the next scheduled hearing at which Lopez Y Lopez did
not appear. See 8 U.S.C. § 1252b(a)(2)(A) (repealed 1996) (written notice shall be
given by certified mail to the alien or to the alien’s counsel of record); Garcia v.
INS, 222 F.3d 1208, 1209 (9th Cir. 2000) (per curiam) (notice to attorney of record
constitutes notice to alien). Lopez Y Lopez’s due process claim therefore fails.
See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice
to prevail on a due process challenge).
PETITION FOR REVIEW DENIED.
2 12-70483