Eliazar Cabrera-Gutierrez v. Eric Holder, Jr., No. 09-72741 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 15 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ELIAZAR CABRERA-GUTIERREZ, Petitioner, No. 09-72741 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.