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CA5 on Notice: Barrios-Cantarero v. Holder

November 22, 2014 (1 min read)

"The BIA committed legal error by determining that Barrios-Cantarero was properly given notice through a letter addressed to Adrian Eliseo and therefore abused its discretion by denying his motion to reopen. ... Here, the BIA failed to apply 8 C.F.R. § 103.8(a)(1)(i) in determining whether Barrios-Cantarero had received proper notice of his hearing; its proper notice conclusion is owed no deference.  The document is clearly not addressed to Barrios-Cantarero and therefore cannot be proper notice to him.  Under 8 U.S.C. § 1229a(b)(5)(C)(ii), the lack of sufficient notice entitled Barrios-Cantarero to reopen his proceedings at any time.  Accordingly, the BIA abused its discretion in denying Barrios-Cantarero’s motion to reopen." - Barrios-Cantarero v. Holder, Nov. 21, 2014.  [Hats off to David J. Bird!]

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