United States Sixth Circuit

The BIA's denial of Petitioner's motion to reopen her asylum hearing is reversed, where the Immigration Judge issued a removal order in absentia, but Petitioner was not afforded the opportunity to rebut the presumption that she received the mailed notice of the hearing.

Appellate Information

• Decided 04/08/2009
• Published 04/08/2009

Judges

• Before:  NORRIS, COOK, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Brian C. DiFranco, DiFranco Law Office, Columbus, Ohio, for Petitioner.  Margaret Anne O'Donnell, United States Department of Justice, Washington, D.C., for Respondent.