Glenda Marisol Mercado- Palma 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NOT FOR PUBLICATION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
GLENDA MARISOL MERCADO-
PALMA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72091
Agency No. A070-942-656
MEMORANDUM*
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.
Glenda Marisol Mercado-Palma, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigration Appeals' order dismissing her appeal
from an immigration judge's decision denying her motion to reopen deportation
FILED
MAY 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252.
We review for abuse of discretion the denial of a motion to reopen, Arrieta v. INS,
117 F.3d 429, 430 (9th Cir. 1997) (per curiam) and we deny the petition for
review.
The agency did not abuse its discretion in denying Mercado-Palma’s motion
to reopen to rescind her deportation order because the hearing notice was sent by
certified mail to the address last provided by Mercado-Palma and she failed to
rebut the presumption of effective service. See id. at 431 (“[N]otice by certified
mail sent to an alien's last known address can be sufficient under the Act, even if
no one signed for it.”).
PETITION FOR REVIEW DENIED.

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