United States Fourth Circuit

Removal order against petitioner after she failed to appear at her removal hearing, and order denying motion to reopen the proceedings are vacated as the BIA ered by applying the presumption of effective delivery of notice when sent by certified mail, and by holding petitioner to the evidentiary standard for rebutting the delivery presumption for certified mail.

Appellate Information

• Argued 10/26/2005
• Decided 06/13/2006
• Published 06/13/2006

Judges

• Before LUTTIG,MICHAEL, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph M. Kum, Amorow & Kum, P.A., Takoma Park, Maryland, for Petitioner.  Song E. Park, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent.   ON BRIEF:  Peter D. Keisler, Assistant Attorney General, Civil Division, Michelle E. Gorden, Senior Litigation, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.