Hamid Yazdianpour v. Safeblood Technologies, Inc.

United States Court of Appeals
For the Eighth Circuit
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No. 14-2041
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Joaquin Ramon Guevara-Ascencio
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: February 12, 2015
Filed: February 20, 2015
[Unpublished]
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Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
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PER CURIAM.
El Salvadoran citizen Joaquin Ramon Guevara-Ascencio failed to appear for
a deportation hearing in 1994, and an order was issued in absentia for his deportation.
In 2012, Guevara-Ascencio sought to reopen the matter, claiming that he had not
received notice of the deportation hearing, and arguing that he was eligible for
asylum. The Immigration Judge denied relief, and the Board of Immigration Appeals

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dismissed. After careful review, we find no abuse of discretion. See Kanyi v.
Gonzales, 406 F.3d 1087, 1089-90 (8th Cir. 2005) (standard of review). The record
before the Immigration Judge and the Board of Immigration Appeals contains
evidence giving rise to a strong presumption that the hearing notice was delivered to
Guevara-Ascencio by certified mail, and he has not rebutted that presumption. He
also failed to present any previously unavailable evidence of changed country
conditions for purposes of reopening asylum proceedings. See Li Yun Lin v.
Mukasey, 526 F.3d 1164, 1165 (8th Cir. 2008) (standard of review).
Accordingly, we deny the petition.
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