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In re M---- D

15 Cited authorities

  1. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,489 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  2. Landon v. Plasencia

    459 U.S. 21 (1982)   Cited 623 times   3 Legal Analyses
    Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings

  3. Weigner v. City of New York

    852 F.2d 646 (2d Cir. 1988)   Cited 198 times   1 Legal Analyses
    Holding that due process does not require actual receipt of notice mailed; "Particularly where mailing is supplemented by other forms of notice such as posting or publication, the risk of non-receipt is constitutionally acceptable."

  4. Farhoud v. Immigration Naturalization Serv

    114 F.3d 867 (9th Cir. 1997)   Cited 112 times
    Holding that petitioner had failed to demonstrate exceptional circumstances or lack of notice warranting rescission of an in absentia removal order where although petitioner did not personally receive the notice of hearing, it was mailed to petitioner's last known address and receipt was acknowledged

  5. Patmon & Young Prof'l Corp. v. C.I.R

    55 F.3d 216 (6th Cir. 1995)   Cited 97 times
    Holding that actual notice requirement for tax deficiency assessment is satisfied by a party's refusal of certified mail on the ground that "a taxpayer should not be allowed to defeat actual notice by deliberately refusing delivery of the IRS's deficiency notice"

  6. Arrieta v. I.N.S.

    117 F.3d 429 (9th Cir. 1997)   Cited 88 times
    Holding that "notice by certified mail sent to an alien's last known address can be sufficient under the Act, even if no one signed for it."

  7. Federal Deposit Ins. Corp. v. Schaffer

    731 F.2d 1134 (4th Cir. 1984)   Cited 81 times
    Holding that "clear and convincing" "evidence [is] required to overcome the presumption of receipt of certified mail correctly addressed and delivered to the home of the addressee"

  8. U.S. v. Estrada-Trochez

    66 F.3d 733 (5th Cir. 1995)   Cited 44 times
    Holding that the notice of a removal hearing sent to an alien via first-class mail at his last-known address satisfied due-process requirements where the alien moved without informing the INS of his new address

  9. Dominguez v. United States Attorney General

    284 F.3d 1258 (11th Cir. 2002)   Cited 34 times
    Holding that, under current statutory notice requirements, notice of a hearing sent to the most recent address on file constitutes sufficient notice

  10. Fuentes-Argueta v. I.N.S.

    101 F.3d 867 (2d Cir. 1996)   Cited 36 times
    Holding that the immigration court was not required to send a hearing notice to an alien's attorney when the attorney filed his notice of appearance after the hearing notice was sent to the alien

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 43,251 times   37 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,400 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  13. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,373 times   6 Legal Analyses
    Authorizing service by mail

  14. Section 1252b - Repealed

    8 U.S.C. § 1252b   Cited 397 times
    Stating that time-and-place information could be provided "in the order to show cause or otherwise"