United States Ninth Circuit

Petition for review of a denial of a motion to reopen in removal proceedings is granted where: 1) petitioner presented sufficient evidence to overcome the presumption of effective service of a hearing rescheduling notice; 2) such evidence was credible, corroborated, and wholly unrefuted by the government; and 3) thus, it was an abuse of discretion for an IJ to refuse to reopen proceedings in order to rescind an in absentia removal order.

Appellate Information

• Argued 07/13/2007
• Decided 08/24/2007
• Published 08/24/2007

Judges

• W. FLETCHER, Circuit Judge:, Before:  BARRY G. SILVERMAN, W. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Rehsempata Sembiring, pro se, Mission Viejo, CA;  Caleb E. Mason, California Polytechnic State University, Pomona, CA, for the petitioner.


• For Appellees:
  
• Jennifer Paisner, Arthur L. Rabin, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.