Legal Opinion

Santana Gonzalez v. Attorney General of the United States

Court of Appeals for the Third Circuit

Decided October 22, 2007No. 06-2965PublishedCited by 36 opinions

1Opinion of the Court

OPINION

GARTH, Circuit Judge.

In 1997, Congress amended the Immigration and Nationality Act (“INA”) to allow a notice of removal hearing to be served on an alien by regular mail, as opposed to certified mail, return receipt requested. In this case, an Immigration Court sent Petitioner Haidee de Regia Santana Gonzalez (“Petitioner”) a notice of hearing by regular mail, which Petitioner claims she never received. The questions presented in her Petition are essentially twofold: (1) what presumption of receipt attaches to a notice of hearing sent by regular mail; and (2) how an alien claiming…

2Cases cited14 opinions

  1. Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
  2. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
  3. Jian Lian Guo v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004
  4. Rosenthal v. WalkerSupreme Court of the United States · 1884
  5. Xin Jie Xie v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004

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3Cited by36 opinions

  1. Lisa Lupyan v. Corinthian Colleges IncCourt of Appeals for the Third Circuit · 2014
  2. Gomez-Zuluaga v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2008
  3. M-R-ABoard of Immigration Appeals · 2008
  4. Silva-Carvalho Lopes v. MukaseyCourt of Appeals for the Second Circuit · 2008
  5. Derezinski v. MukaseyCourt of Appeals for the Seventh Circuit · 2008

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

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