United States Second Circuit

Denial of motion to reopen and rescind an in absentia order of removal is vacated where, although the BIA properly applied a presumption of receipt because the record establishes that the notice to appear was accurately addressed and mailed according to normal office procedures, the BIA exceeded its discretion by failing to consider all the circumstantial evidence that petitioner offered to rebut that presumption.

Appellate Information

• Decided 11/02/2006
• Published 11/03/2006

Judges

• PER CURIAM., Before WINTER, McLAUGHLIN, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steve Lyons, Law Offices of Martin C. Liu, PLLC, New York, NY, for Petitioner.


• For Appellees:
  
• Graham L. Teall, Assistant United States Attorney (Stephen J. Murphy, United States Attorney for the Eastern District of Michigan, on the brief), Detroit, MI, for Respondent.