Isaias Gonzalez-Maya v. Eric Holder, Jr. ( 2011 )

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NOT FOR PUBLICATION JUL 21 2011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
ISAIAS GONZALEZ-MAYA, No. 10-70131
Petitioner, Agency No. A072-532-862
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.
Isaias Gonzalez-Maya, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his motion to reopen proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review
*
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).
for abuse of discretion the denial of a motion to reopen, Salta v. INS, 314 F.3d
1076, 1078 (9th Cir. 2002), and we deny the petition for review.
The agency did not abuse its discretion in denying the motion to reopen on
the ground that Gonzalez-Maya failed to demonstrate that personal service of the
Order to Show Cause provided him insufficient notice of his hearing. See Khan v.
Ashcroft, 374 F.3d 825, 829 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.
2 10-70131