United States Ninth Circuit

In an alien's claim that she did not receive notice of a removal proceeding under 8 U.S.C. section 1229(a)(1), allowing the use of regular mail, denial of a motion to reopen was improper where the heightened evidentiary requirements used for notice by certified mail were applied.

Appellate Information

• Argued 12/03/2002
• Decided 12/30/2002
• Published 12/30/2002

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before: BRIGHT,HAWKINS and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ted Laguatan, Law Offices of Ted Laguatan and Associates, Daly City, CA, for the petitioner.


• For Appellees:
  
• Ernesto Molina (argued) and John D. Williams, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.