Lucio Pleitez-Rivera v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION OCT 12 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUCIO PLEITEZ-RIVERA, No. 08-72957
Petitioner, Agency No. A077-793-850
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Lucio Pleitez-Rivera, 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 removal proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen. Sembiring v. Gonzales, 499
F.3d 981, 985 (9th Cir. 2007). We deny the petition for review.
The agency did not abuse its discretion in denying Pleitez-Rivera’s motion
to reopen to rescind his removal order because the hearing notice was sent by
regular mail to the address last provided by Pleitez-Rivera, and he failed to rebut
the presumption of effective service. See id. at 988-90 (describing factors relevant
to overcome presumption of effective service sent by regular mail).
PETITION FOR REVIEW DENIED.
2 08-72957