MARIA ANTONIA RODRIGUEZ-PAREDE V. ERIC H. HOLDER JR., No. 08-73867 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 25 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA ANTONIA RODRIGUEZPAREDES, No. 08-73867 Agency No. A027-199-904 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Maria Antonia Rodriguez-Paredes, a native and citizen of El Saldavor, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen deportation proceedings. We have jurisdiction under 8 * 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). U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo due process claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Rodriguez-Paredes motion to reopen as untimely because she filed the motion more than eighteen years after the BIA s final order of deportation. See 8 C.F.R. § 1003.2(c)(2). RodriguezParedes contention that reopening is warranted because she lacked adequate notice under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir. 2004), is misplaced because she appeared for her scheduled hearing. It follows that Rogriguez-Paredes has not established a due process violation. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (petitioner must show error and prejudice to prevail on a due process claim). PETITION FOR REVIEW DENIED. 2 08-73867

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