United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' (BIA) denial of petitioner's motion to reopen an in absentia removal order is granted, where: 1) the BIA abused discretion in finding that petitioner was not entitled to notice of her deportation hearing; and 2) though 8 C.F.R. section 1003.15(d)(1) places the burden on an alien to inform the immigration court that the government used the wrong address on a Notice to Appear (NTA), the BIA decision did not actually invoke that regulation, and the NTA did not itself mention section 1003.15(d)(1) or otherwise put petitioner on notice.

Appellate Information

• Decided 09/29/2014
• Published 09/29/2014

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel