CA1: there was notice of a deportation hearing

Aragón-Muñóz  v. Mukasey, No. 06-2776 denies a petition for review of a Guatemalan.  After being ordered deported in absentia, he tried to reopen.  The First holds that based on the evidence it was reasonable to conclude that he, in fact, did receive notice of the hearing.  He also argues taht he wasn’t warned in Spanish of the consequences of appearing at the hearing.  But, the First says that a failure to provide notice only means that he isn’t statutorily barred, not that he is entitled to a reopening.  Finally, “Aragón-Muñóz did not introduce any new facts in support of his asylum application and did not include any documentary evidence in support of his contention that he is now entitled to an adjustment of status based on his marriage to a legal permanent resident.”