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Gudiel-Villatoro v. Garland

Facts

Petitioner, a native and citizen of Guatemala, crossed the Texas border into the United States on May 10, 2005, and was served with a notice to appear for removal proceedings. The notice required him to provide an address where he could be reached, warning that failure to do so would waive his entitlement to notice of the removal hearing. After moving to Connecticut without providing an address, he was ordered removed in absentia on June 14, 2005. Over fourteen years later, he sought to reopen the proceedings, claiming he did not receive adequate notice.

Petitioner, a native and citizen of Guatemala, crossed the Texas border into the United States on May 10, 2005, and was served with a notice to appear for removal proceedings. The notice required him to provide an address where he could be reached, warning that failure to do so would waive his entitlement to notice of the removal hearing. After moving to Connecticut without providing an address, he was ordered removed in absentia on June 14, 2005. Over fourteen years later, he sought to reopen the proceedings, claiming he did not receive adequate notice.

Issue

Did the BIA err in denying Gudiel-Villatoro's motion to reopen his removal proceedings based on his claims of inadequate notice?

Did the BIA err in denying Gudiel-Villatoro's motion to reopen his removal proceedings based on his claims of inadequate notice?

Rule

An alien may move to reopen immigration proceedings and rescind an in absentia order 'at any time' if they demonstrate that they did not receive notice in accordance with 8 U.S.C. 1229(a). However, no written notice is required if the alien has failed to provide a viable mailing address.

An alien may move to reopen his immigration proceedings and rescind an in absentia order 'at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 1229(a).' 8 U.S.C. 1229a(b)(5)(C)(ii). However, '[n]o written notice shall be required . . . if the alien has failed to provide the address required under section 1229(a)(1)(F) of this title.' Id. 1229a(b)(5)(B).

Analysis

The court applied the rule by determining that Gudiel-Villatoro did not provide any address as required under 8 U.S.C. 1229(a)(1)(F), which meant he forfeited his right to notice. The BIA's conclusion that he received proper notice was supported by evidence, including his fingerprint and signature on the notice to appear. The court noted that the BIA considered the totality of the record and found no error in its decision.

The court applied the rule by determining that Gudiel-Villatoro did not provide any address as required under 8 U.S.C. 1229(a)(1)(F), which meant he forfeited his right to notice. The BIA's conclusion that he received proper notice was supported by evidence, including his fingerprint and signature on the notice to appear. The court noted that the BIA considered the totality of the record and found no error in its decision.

Conclusion

The Fifth Circuit upheld the BIA's decision and denied the petition for review, concluding that Gudiel-Villatoro failed to show any error by the BIA.

For these reasons, we DENY the petition for review.

Who won?

The prevailing party is the BIA, as the court upheld its decision denying Gudiel-Villatoro's motion to reopen based on his failure to provide an address.

The prevailing party is the BIA, as the court upheld its decision denying Gudiel-Villatoro's motion to reopen based on his failure to provide an address.

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