Mario Canas-Canas v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION NOV 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIO ALFONSO CANAS-CANAS, No. 11-70241
Petitioner, Agency No. A028-778-040
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Mario Alfonso Canas-Canas, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his motion to reopen
deportation proceedings held in absentia. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review for abuse of discretion the denial of a motion to reopen, and
review de novo questions of law. Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.
2000) (per curiam). We deny the petition for review.
The agency did not abuse its discretion in denying Canas-Canas’ motion to
reopen on the ground that he failed to establish reasonable cause for his absence at
his deportation hearing where the record shows the next hearing was scheduled in
his presence and his counsel was personally served with a notice of the hearing.
See 8 U.S.C. § 1252(b) (1990) (petitioner must establish “reasonable cause” for
failure to appear); Hernandez-Vivas v. INS, 23 F.3d 1557, 1559-60 (9th Cir. 1994)
(no reasonable cause for absence where petitioner was aware of next hearing date
but failed to appear). It follows that Canas-Canas’ due process claim fails. See
Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to
prevail on due process claim).
PETITION FOR REVIEW DENIED.
2 11-70241