Maria Alba Rodriguez De Orellana 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).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA ALBA RODRIGUEZ DE
ORELLANA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-70466
Agency No. A029-263-511
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Maria Alba Rodriguez De Orellana, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s order denying her motion to
FILED
JAN 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

NHY/Research 07-70466 2
reopen deportation proceedings held in absentia. We have jurisdiction under 8
U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion.
Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny in part and
dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Rodriguez De Orellana’s
motion to reopen because she failed to establish reasonable cause for her absence.
See 8 U.S.C. § 1252(b) (repealed 1992).
We lack jurisdiction to review Rodriguez De Orellana’s contention that she
was denied due process because she did not receive a Spanish version of the notice
of hearing because she did not exhaust this contention before the BIA. See Barron
v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

-- 2 of 2 --