Read Chaidez v. Gonzales, 02-71966

A petition for review of a decision precluding petitioner from proceeding with his application for relief from removal is granted where the government did not meet its burden of demonstrating by clear, unequivocal, and convincing evidence that petitioner or a responsible person at his address signed a certified mail return receipt for his Order to Show Cause (OSC), for purposes of effective service.

Appellate Information

• Decided 02/14/2007
• Published 02/14/2007

Judges

• Before:  B. FLETCHER and MARSHA S. BERZON, Circuit Judges, and DAVID G. TRAGER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Derek F. Foran (argued), Andrew Sabey, Claudia Vetési, and Brian Orion, Morrison & Foerster LLP, Walnut Creek, CA, for the petitioner.


• For Appellees:
  
• Anh-Thu P. Mai (argued) and Stephen J. Flynn, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.