Court of Appeals for the Ninth Circuit April 3, 2003, No. 02-70215; INS No. A70-210-869 (Caluya v. Immigration & Naturalization Service)

MEMORANDUM**

Jerson Ramos Caluya petitions for review of the Board of Immigration Appeals’s decision upholding the denial of his untimely motion to reopen his case. The BIA determined that, prior to being ordered deported in absentia, Caluya received legally sufficient (if not actual) notice of the hearing,1 and that Caluya was not entitled to equitable tolling.