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Full Text Opinion.pdf

20-73486.pdf

🔗 Source: cdn.ca9.uscourts.gov

📊 Size: 187 KB

📄 Pages: 16 pages

⬇️ Downloads: 104

Summary

Idania Yamileth Perez-Portillo and her minor daughter, Stefani Abigail Arevalo-Perez, petitioned for review of the Board of Immigration Appeals' dismissal of Perez-Portillo's appeal from an Immigration Judge's denial of her motion to reopen immigration proceedings. Perez-Portillo failed to appear at her removal hearing, which had been rescheduled to an earlier date, and was ordered removed in absentia. She claimed she did not receive the hearing notice and filed a pro se motion to reopen, which was denied by the Immigration Judge applying a presumption of delivery and the doctrine of constructive notice. The Ninth Circuit Court of Appeals granted the petition and remanded, holding that the Immigration Judge should have determined the credibility of Perez-Portillo's claims of non-receipt in light of all the circumstantial and corroborating evidence in the record.

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Description

Idania Yamileth Perez-Portillo and her minor daughter, Stefani Abigail Arevalo-Perez, petitioned for review of the Board of Immigration Appeals' dismissal of...

Technical Information

File Format: PDF
File Size: 187 KB
Pages: 16
Language: EN
Total Downloads: 104
Last Updated: 1 week ago

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