CA5 on Notice, Abuse of Discretion: Torres Hernandez v. Lynch

Torres Hernandez v. Lynch, June 8, 2016- "Petitioner Torres Hernandez was ordered removed in abstentia on January 13, 2010. He filed a motion to reopen on the basis that he was unaware that a notice to appear had been issued years earlier and he never received a notice of a hearing. The Board of Immigration Appeals (“BIA”) affirmed the decision of the Immigration Judge (“IJ”) denying the motion. We grant the petition for review and remand for further consideration. ... Because the BIA concluded that Torres Hernandez failed to rebut the presumption of notice without considering all relevant evidence, it abused its discretion in denying Torres Hernandez’s motion to reopen."  [Hats off to Salvador Colon!]