Maria De Jesus Gutierrez v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA DE JESUS GUTIERREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71423
Agency No. A070-946-656
MEMORANDUM*
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
FILED
OCT 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71423 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 See 8 U.S.C. § 1252b(a)(2)-(3) (repealed 1996); Khan v.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.

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