Legal Opinion

Gomez-Palacios v. Holder

Court of Appeals for the Fifth Circuit

Decided February 18, 2009No. 07-60938PublishedCited by 154 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

Marlon Jesus Gomez-Palacios petitions this court for review of the Board of Immigration Appeals’ (“BIA”) decision denying his appeal from a decision of the Immigration Judge (“IJ”) that denied his motion to reopen proceedings and to rescind the order of removal that was entered against him in absentia. Gomez-Palacios argues that because he did not actually receive the required statutory notice of the hearing date, the BIA’s decision denying his motion to reopen was an abuse of discretion. We disagree, and DENY the petition.

I. Background

On July 9, 1999, Gomez-Palacios…

2Cases cited15 opinions

  1. Hekmat Wadih Mikhael v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1997
  2. Zhu Yu Chun v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1994
  3. Santiago Nahun Ontunez-Tursios v. John Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 2002
  4. Bassel Nabih Assaad v. John Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 2004
  5. Lara v. TrominskiCourt of Appeals for the Fifth Circuit · 2000

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3Cited by154 opinions

  1. BERMUDEZ-COTABoard of Immigration Appeals · 2018
  2. CASTRO-TUMBoard of Immigration Appeals · 2018
  3. Roberto Mauricio-Benitez v. Jefferson Sessions, IICourt of Appeals for the Fifth Circuit · 2018
  4. Juan Hernandez-Castillo v. Jefferson Sessions, IIICourt of Appeals for the Fifth Circuit · 2017
  5. Lopez-Dubon v. HolderCourt of Appeals for the Fifth Circuit · 2010

149 more not listed; retrieve them via the Exa API.

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