United States Eighth Circuit

8 U.S.C. section 1229(a)(1), allows notice to be sent by regular mail, instead of certified mail, and applies a weaker presumption of delivery, rebutted through lesser evidentiary proof, than the former statute, which imposed a strong presumption of effective delivery.

Appellate Information

• Decided 08/04/2004
• Published 08/04/2004

Judges

• MELLOY, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, McMILLIAN, and MELLOY Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gene McNary, argued, St. Louis, MO, for petitioner.


• For Appellees:
  
• Jennifer Keeney, argued, U.S. Department of Justice, Washington, D.C. (Greg D. Mack, DOJ, Washington, D.C. on the brief), for respondent.