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Matter of M-R-A-, Cite as

24 I&N Dec. 665 (B.I.A. 2008)
Matter of M-R-A-, Cite as

23 Cited authorities

  1. Salta v. I.N.S.

    314 F.3d 1076 (9th Cir. 2002)   Cited 142 times
    Holding that affidavits can "rebut the presumption of delivery and entitle [an alien] to an evidentiary hearing" about whether notice was proper

  2. Alrefae v. Chertoff

    471 F.3d 353 (2d Cir. 2006)   Cited 109 times
    Finding that a motion that seeks rescission of an in absentia order is treated as distinct from a motion to reopen proceedings based on new evidence

  3. Sembiring v. Gonzales

    499 F.3d 981 (9th Cir. 2007)   Cited 103 times
    Holding that alien's statement overcame presumption of effective service where no prior hearings scheduled, and alien had no motivation to avoid hearing

  4. Lopes v. Gonzales

    468 F.3d 81 (2d Cir. 2006)   Cited 72 times
    Holding that in considering a motion to reopen, "the central issue . . . is [not] whether the notice was properly mailed . . . but rather whether the alien actually received the notice

  5. Anin v. Reno

    188 F.3d 1273 (11th Cir. 1999)   Cited 86 times
    Holding that alien was charged with notice when alien's attorney was provided notice of hearing through certified mail in accordance with above provisions

  6. Gonzalez v. Attorney General of the U.S.

    506 F.3d 274 (3d Cir. 2007)   Cited 53 times
    Holding that a strong presumption of receipt applies when a notice from an Immigration Court is sent by certified mail

  7. Maknojiya v. Gonzales

    432 F.3d 588 (5th Cir. 2005)   Cited 41 times
    Holding that when written notice is sent by regular, not certified, mail, the alien may prove that he did not receive the notice by his own statement in an affidavit

  8. Gurung v. Ashcroft

    371 F.3d 718 (10th Cir. 2004)   Cited 38 times
    Holding that pro se asylum applicant failed to show he never received notice of hearing when he only provided conclusory statement and did not put it in proper affidavit form

  9. Federal Deposit Ins. Corp. v. Schaffer

    731 F.2d 1134 (4th Cir. 1984)   Cited 75 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"

  10. Nibagwire v. Gonzales

    450 F.3d 153 (4th Cir. 2006)   Cited 32 times
    Holding that filing an application for asylum is evidence that "rebut the presumption that regular mail is delivered" and helps "prove that [the alien] did not receive the notice to appear"

  11. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,344 times   5 Legal Analyses
    Authorizing service by mail

  12. Section 1252b - Repealed

    8 U.S.C. § 1252b   Cited 393 times
    Stating that time-and-place information could be provided "in the order to show cause or otherwise"

  13. Section 1003.15 - Contents of the order to show cause and notice to appear and notification of change of address

    8 C.F.R. § 1003.15   Cited 239 times
    Listing information that must be included in a notice to appear

  14. Section 1003.18 - Scheduling of cases

    8 C.F.R. § 1003.18   Cited 173 times   1 Legal Analyses
    Requiring the NTA to include time, date, and place information only "where practicable"

  15. Section 1003.26 - In absentia hearings

    8 C.F.R. § 1003.26   Cited 44 times
    Requiring DHS to establish that written notice of the time and place of proceedings, as well as the consequences of failure to appear, was provided to the alien

  16. Section 1292.5 - Service upon and action by attorney or representative of record

    8 C.F.R. § 1292.5   Cited 29 times
    Permitting notice on alien's attorney of record