Legal Opinion
Aimee Nibagwire v. Alberto R. Gonzales, Attorney General
Court of Appeals for the Fourth Circuit
Decided June 13, 2006No. 04-2254PublishedCited by 22 opinions
1Opinion of the Court
Petition for review granted; agency order and decision vacated and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge GREGORY joined.
OPINION
MICHAEL, Circuit Judge.
When the Department of Homeland Security (DHS) serves an alien with notice of a removal hearing by regular mail, as allowed by current law, the agency is entitled to a presumption of effective delivery. A removal order was entered against Aimee Nibagwire after she did not appear at her hearing. She then moved to reopen the proceedings, asserting that she did not receive the notice to appear sent by…
2Cases cited7 opinions
- Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
- Regina Salta v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
- GRIJALVABoard of Immigration Appeals · 1995
- Federal Deposit Insurance Corporation v. SchafferCourt of Appeals for the Fourth Circuit · 1984
- Kalpana S. Joshi v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Edson Silva-Carvalho Lopes v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Second Circuit · 2006
- M-R-ABoard of Immigration Appeals · 2008
- Sembiring v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
- Santana Gonzalez v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
- Silva-Carvalho Lopes v. MukaseyCourt of Appeals for the Second Circuit · 2008
17 more not listed; retrieve them via the Exa API.