United States Third Circuit

Matter of Grijalva's, 21 I&N Dec. 27 (BIA 1995) strict evidentiary standard, a strong presumption of receipt, applies only when a notice from an Immigration Court or the INS (or Department of Homeland Security) is sent by certified mail, and a weaker presumption applies when such a notice is sent by regular mail.

Appellate Information

• Decided 10/22/2007
• Published 10/22/2007

Judges

• Before:  SLOVITER, SMITH, and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Reza Athari, Esq., Seth L Reszko, Esq., Law Offices of Reza Athari, Las Vegas, NV, for Petitioner.


• For Appellees:
  
• Anthony J. Labruna, Jr., Office of United States Attorney, Newark, NJ, Richard M. Evans, Susan K. Houser, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.