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Keywords

motionasylumcircumstantial evidence

motionasylum

Related Cases

Terezov v. Gonzales

Facts

Borislav Terezov, a national of Bulgaria, applied for asylum shortly after entering the United States. He claimed he was persecuted in Bulgaria due to his Rom ethnicity and political support for the Roma minority. After moving to Indiana, he notified the Los Angeles asylum office of his return to Phoenix, but the DHS sent a Notice to Appear to his outdated Indiana address. Terezov did not receive the notice and was ordered removed in absentia. He later filed a motion to reopen the proceedings, asserting he had not received proper notice.

Issue

Did the Department of Homeland Security (DHS) properly notify Terezov of his removal proceedings by sending the Notice to Appear to an outdated address?

Rule

An in absentia order of removal can be rescinded upon a motion to reopen if the alien demonstrates that he did not receive notice. The DHS must provide an alien notice before placing him in removal proceedings, and service by mail is sufficient only if there is proof of attempted delivery to the last address provided by the alien.

An in absentia order of removal can be rescinded upon a motion to reopen if the alien demonstrates that he did not 'receive notice.'

Analysis

The court found that the administrative record was incomplete, making it impossible to determine if the notice was mailed to the correct address. Terezov provided circumstantial evidence, including return receipts and communications from the USCIS, indicating he had updated his address with the asylum office. The court concluded that the BIA's reasoning was not supported by substantial evidence, as it failed to consider the evidence Terezov submitted.

The court found that the administrative record was incomplete, making it impossible to determine if the notice was mailed to the correct address.

Conclusion

The court granted Terezov's petition and remanded the action to the BIA for further proceedings, concluding that the DHS had not properly notified him of the removal proceedings.

The court granted Terezov's petition and remanded the action to the BIA for further proceedings.

Who won?

Terezov prevailed in the case because the court found that the DHS failed to send the Notice to Appear to the last address he provided, which constituted an abuse of discretion by the BIA.

Terezov prevailed in the case because the court found that the DHS failed to send the Notice to Appear to the last address he provided.

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