Laura Ortiz-Reyes v. Eric H. Holder Jr. ( 2011 )

FILED
NOT FOR PUBLICATION MAR 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LAURA REYES-ORTIZ, No. 08-71652
Petitioner, Agency No. A073-993-010
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Laura Reyes-Ortiz, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her 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 have jurisdiction under 8 U.S.C. § 1252.
We review for abuse of discretion the denial of a motion to reopen. Lara-Torres v.
Ashcroft, 383 F.3d 968, 972 (9th Cir. 2004), amended by 404 F.3d 1105 (9th Cir.
2005). We deny the petition for review.
The agency did not abuse its discretion in denying Reyes-Ortiz’s motion to
reopen based on lack of notice where the record establishes that she was personally
served with an Order to Show Cause (“OSC”) and Notice of Hearing, written in
both English and Spanish. There was no statutory requirement that the OSC be
orally translated. See 8 U.S.C. § 1252b(a)(2), (3) (1995); see also Matter of
Hernandez, 21 I. & N. Dec. 224, 226-27 (BIA 1996).
Reyes-Ortiz’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 08-71652