Eliazar Cabrera-Gutierrez v. Eric Holder, Jr. ( 2011 )

FILED
NOT FOR PUBLICATION APR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELIAZAR CABRERA-GUTIERREZ, No. 09-72741
Petitioner, Agency No. A070-045-101
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.
Eliazar Cabrera-Gutierrez, 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 order denying his motion to reopen deportation proceedings
conducted in absentia in 1990. We have jurisdiction under 8 U.S.C. § 1252. We
*
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).
review for abuse of discretion the denial of a motion to reopen, Garcia v. INS, 222
F.3d 1208, 1209 (9th Cir. 2000), and we deny the petition for review.
The agency did not abuse its discretion in denying Cabrera-Gutierrez’s
motion to reopen where the record reflects that Cabrera-Gutierrez’s counsel of
record was served with the hearing notice. See id. (notice to attorney of record
constitutes notice to alien); see also Matter of Velasquez, 19 I. & N. Dec. 377, 384
(BIA 1986) (stating that “under the regulations, there is no ‘limited’ appearance of
counsel in immigration proceedings”).
PETITION FOR REVIEW DENIED.
2 09-72741