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Keywords

statutehearingasylumdeportationnaturalization
statutehearingasylumdeportationnaturalization

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Giday v. Immigration and Naturalization Service

Facts

A native of Ethiopia, Estifanos Giday came to the United States as a student in August 1989. He submitted a request for asylum to the INS in May 1991. The INS issued a 'Notice of Intent to Deny' asylum, and several months later, it issued an order to show cause why Giday should not be deported. The INS mailed the show-cause order by certified mail to Giday at his Peabody Street address, where someone signed for the letter. Giday did not appear at two deportation hearings, leading to a deportation order being issued against him.

A native of Ethiopia, Estifanos Giday came to the United States as a student in August 1989. He submitted a request for asylum to the INS in May 1991. The INS issued a 'Notice of Intent to Deny' asylum, and several months later, it issued an order to show cause why Giday should not be deported.

Issue

Whether Giday received proper notice of the deportation hearings as required by the Immigration and Nationality Act.

Whether Giday received proper notice of the deportation hearings as required by the Immigration and Nationality Act.

Rule

Section 242B of the Immigration and Nationality Act requires that prior to a deportation proceeding, the INS give written notice to a deportable alien specifying the nature of the proceedings, the charges being brought, and the statute the alien allegedly violated. If personal service is not practicable, notice shall be given by certified mail.

Section 242B of the Immigration and Nationality Act requires that prior to a deportation proceeding, the INS give written notice to a deportable alien specifying, among other things, the nature of the proceedings, the charges being brought, and the statute the alien allegedly violated.

Analysis

The court determined that Giday was given proper notice of his deportation hearings as the INS had mailed the necessary documents to his last known address and someone at that address signed for them. Giday's failure to appear at the hearings did not negate the fact that he had been provided with the required notice. The court noted that Giday did not present any evidence to support his claim of not receiving notice, which was necessary to reopen the proceedings.

The court determined that Giday was given proper notice of his deportation hearings as the INS had mailed the necessary documents to his last known address and someone at that address signed for them.

Conclusion

The court denied Giday's petition for review of the INS order of deportation, affirming that he had received proper notice of the hearings.

The court denied Giday's petition for review of the INS order of deportation.

Who won?

The Immigration and Naturalization Service (INS) prevailed in the case because the court found that Giday had received proper notice of his deportation hearings as required by law.

The Immigration and Naturalization Service (INS) prevailed in the case because the court found that Giday had received proper notice of his deportation hearings as required by law.

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