Nelson Menendez-Acevedo v. Eric Holder, Jr. , 429 F. App'x 676 ( 2011 )

FILED
NOT FOR PUBLICATION APR 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NELSON MANUEL MENENDEZ- No. 09-72210
ACEVEDO,
Agency No. A077-395-500
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Nelson Manuel Menendez-Acevedo, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s decision denying his motion to reopen
proceedings held 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).
Reviewing for abuse of discretion, Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.
2002), we deny the petition for review.
The agency did not abuse its discretion by denying Menendez-Acevedo’s
motion to reopen because notices of hearing were mailed to both of the addresses
Menendez-Acevedo gave to the immigration court and Menendez-Acevedo failed
to provide persuasive evidence to rebut the presumption of proper delivery of the
notices. See 8 U.S.C. § 1229a(b)(5)(A) (written notice shall be considered
sufficient for purposes of an in absentia removal order if provided at the most
recent address given by alien); Salta, 314 F.3d at 1079.
PETITION FOR REVIEW DENIED.
2 09-72210