United States Tenth Circuit

Petition for review of an order denying petitioner's motion to reopen removal proceedings, brought after he was ordered removed to Laos in absentia, is denied where: 1) an IJ did not abuse his discretion in denying petitioner's motion to reopen as petitioner failed to demonstrate that he did not receive notice in accordance with applicable statutes; 2) written notice of a change of address is required and any oral notice petitioner may have given to the IJ was insufficient to overcome the presumption that he received the notice of his removal hearing; and 3) the absence of a transcript of the removal hearing in the administrative record has no effect in this case.

Appellate Information

• Decided 11/06/2007
• Published 11/07/2007

Judges

• MURPHY, Circuit Judge., Before TACHA, Chief Judge, MURPHY and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Edward L. Carter, Orem, UT, for Petitioner.


• For Appellees:
  
• Mark C. Walters, Assistant Director, Stephen J. Flynn, Senior Litigation Counsel, Dalin R. Holyoak, Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.