15 Feb 2007

Ninth Circuit on effective service of OSC

"We conclude that the government has not met its burden, established in former 8 U.S.C. ยง 1252b(c)(1) and explicated in Grijalva, of demonstrating by clear, unequivocal, and convincing evidence that Chaidez or a responsible person at his address signed the certified mail return receipt for his OSC. Accordingly, Chaidez?s deportation order is invalid." Chaidez v. Gonzales, Feb. 14, 2007.


http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5A65E4A83AFD96C18825728100812333/$file/0271966.pdf