Jose Benavides-Molina v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE GERMAN BENAVIDES-MOLINA, No. 09-71258
Petitioner, Agency No. A028-720-981
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Jose German Benavides-Molina, 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 conducted in absentia. We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of the
motion, and we review de novo questions of law. Hernandez-Vivas v. INS, 23 F.3d
1557, 1561 (9th Cir. 1994). We deny the petition for review.
The BIA did not abuse its discretion in denying Benavides-Molina’s second
motion to reopen for failure to establish reasonable cause to excuse his failure to
appear. See Hernandez-Vivas, 23 F.3d at 1559. Benavides-Molina did not dispute
the hearing notice was sent to the address he provided, see 8 U.S.C. § 1252b(c)(1)
(repealed) (stating that written notice shall be considered sufficient if provided at
the most recent address provided by respondent), and he submitted insufficient
evidence to support an affirmative defense of nondelivery or improper delivery, see
Arrieta v. INS, 117 F.3d 429, 431 (9th Cir.1997) (per curiam) (notice of hearing
sent to an alien’s last known address may be sufficient).
PETITION FOR REVIEW DENIED.
2 09-71258