Eliazar Cabrera-Gutierrez v. Eric Holder, Jr.

MEMORANDUM ** Eliazar Cabrera-Gutierrez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his motion to reopen deportation proceedings conducted in absentia in 1990. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000), and we deny the petition for review. The agency did not abuse its discretion in denying Cabrera-Gutierrez’s motion to reopen where the record reflects that Cabrera-Gutierrez’s counsel of record was served with the hearing notice. See id. (notice to attorney of record constitutes notice to alien); see also Matter of Velasquez, 19 I. & N. Dec. 377, 384 (BIA 1986) (stating that “under the regulations, there is no ‘limited’ appearance of counsel in immigration proceedings”). PETITION FOR REVIEW DENIED. Footnotes [**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.