Maria Gutierrez v. Eric H. Holder Jr., No. 08-71423 (9th Cir. 2010)

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FILED OCT 26 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA DE JESUS GUTIERREZ, Petitioner, No. 08-71423 Agency No. A070-946-656 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Maria de Jesus Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s decision denying her motion to reopen her * 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). deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir. 2000), we deny the petition for review. The BIA did not abuse its discretion in refusing to rescind Gutierrez s deportation order because it is undisputed that she was personally served with an Order to Show Cause that contained notice of her hearing and was written in both English and Spanish. See 8 U.S.C. § 1252b(a)(2)-(3) (repealed 1996); Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir. 2004) (notice was proper where INS adhered to statutorily imposed procedural requirements). Gutierrez s remaining contentions are unavailing. PETITION FOR REVIEW DENIED. 2 08-71423

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