United States First Circuit

Petition for review of an order of the Board of Immigration Appeals affirming a decision of an immigration judge (IJ) refusing to reopen removal proceedings after petitioner was ordered removed in absentia is denied, where: 1) petitioner received notice of the original removal hearing, but boycotted that hearing; 2) the IJ's decision to schedule a second hearing did not excuse the petitioner's earlier absence, for which the IJ could have properly entered an in absentia removal order pursuant to 8 U.S.C. section 1229a(b)(5)(A); 3) the error in the mailing address used by the immigration court was petitioner's own fault, as it was he who furnished the inaccurate zip code and who failed to correct that address when it was listed on the notice to appear, despite repeated warnings; and 4) thus, petitioner was not entitled to an exception to the filing deadline due to lack of notice.

Appellate Information

• Decided 01/20/2015
• Published 01/20/2015

Judges

• Selya

Court

• United States First Circuit

Counsel