Alex Flores Rubio v. Eric Holder, Jr.

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NOT FOR PUBLICATION APR 15 2011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
ALEX RENBERTO FLORES RUBIO, No. 09-72354
Petitioner, Agency No. A094-292-434
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.
Alex Renberto Flores Rubio, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) decision denying his motion to reopen removal
proceedings conducted 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).
We review for abuse of discretion the denial of a motion to reopen. Hamazaspyan
v. Holder, 590 F.3d 744, 747 (9th Cir. 2009). We deny the petition for review.
The IJ did not abuse her discretion in denying Flores Rubio’s motion to
reopen because Flores Rubio presented insufficient evidence to overcome the
presumption that his hearing notice was properly delivered via regular mail. See
8 U.S.C. § 1229a(b)(5)(C)(ii); see also Sembiring v. Gonzales, 499 F.3d 981, 988
(9th Cir. 2007) (“The test for whether an alien has produced sufficient evidence to
overcome the presumption of effective service by regular mail is practical and
commonsensical rather than rigidly formulaic.”).
PETITION FOR REVIEW DENIED.
2 09-72354