Unpublished Disposition, 845 F.2d 1029 (9th Cir. 1988)

MEMORANDUM^* 

Petitioner, Guillermo Morando-Alvarez, seeks review of a Board of Immigration Appeals (BIA) refusal to overturn an Immigration Judge's (IJ) order of deportation. We affirm.

Petitioner's complaint is that the Immigration and Naturalization Service (INS) failed to notify petitioner's attorney of the deportation hearing and that, as a consequence, the hearing was held with neither the petitioner nor his attorney being present. The IJ found petitioner, in absentia, deportable. Petitioner seeks to have his case remanded to the IJ either for a full hearing on the merits or for a hearing on whether the notice of representation form was filed with the INS in a proper fashion.

The record contains no properly executed notice of representation. The only reference to such a document indicates that it should be sent to "7631 South Settler, Tucson, Arizona," the address to which the notice of the deportation proceedings was sent and to which the IJ's decision was sent and through, or at, which it was received by the petitioner.

On this record we perceive no basis for remanding this case for a hearing on whether a proper notice of representation was filed. There was no denial of the privilege to be represented by counsel; therefore, there is no duty on our part to order new deportation proceedings. See Comm. of Cent. American Refugees v. INS, 795 F.2d 1434, 1439 (9th Cir.), amended by 807 F.2d 769 (9th Cir. 1986).

AFFIRMED.