Malik Awan v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 30 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MALIK DIL AWAN, AKA Dil No. 14-72929 Muhammad, Agency No. A070-804-821 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 23, 2017** Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges. Malik Dil Awan, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal 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. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 Awan’s motion to reopen, based on lack of notice, where Awan was personally served with two prior hearing notices containing his address of record, filed a letter with the court indicating he would be leaving the country prior to his hearing date, and timely appealed the immigration judge’s in absentia order. See Sembiring v. Gonzales, 499 F.3d 981, 985 (9th Cir. 2007) (BIA does not abuse its discretion unless it acted “arbitrarily, irrationally, or contrary to law” (internal quotation marks and citation omitted)); cf. Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir. 2004) (actual notice is sufficient to meet due process requirements). Based on the evidence in this case, Awan has not shown that the BIA erred in determining his statement in support of the motion to reopen was inherently unbelievable. See Avagyan v. Holder, 646 F.3d 672, 678- 79 (9th Cir. 2011). PETITION FOR REVIEW DENIED. 2 14-72929 14-72929 Court of Appeals for the Ninth Circuit ca9 9th Cir. Malik Awan v. Jefferson Sessions 30 October 2017 Agency Unpublished f48f4fd17c59a4e2c680006a25644e8e9269fb9c

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