United States Sixth Circuit

A Mexican citizen's petition for review of a BIA's dismissal of an IJ's denial of a motion to reopen deportation proceedings based on an in absentia deportation order entered nearly 11 years ago, is denied where: 1) for an alien to demonstrate the absence of notice under section 1252b(c)(3)(B), the alien must establish not only the lack of actual notice, but also that the lack of actual notice was due to some reason other than the alien's failure to provide a current address, and here, petitioner has not shown that his lack of notice was due to some reason other than his failure to provide a current address; and 2) because petitioner has failed to demonstrate that his lack of notice was due to some reason other than his failure to provide his current address, the issue of whether the BIA abused its discretion in denying petitioner's motion to reopen on the basis that it was timely does not fall within the ambit of 8 C.F.R. section 1003.23(b)(4)(iii)(A)(2).

Appellate Information

• Decided 12/06/2010
• Published 12/06/2010

Judges

• GILMAN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Caridad Pastor Cardinale, Todd J. Cochran