Legal Opinion · Dissent
Busquets-Ivars v. Ashcroft
Court of Appeals for the Ninth Circuit
Decided June 24, 2003No. 02-70643Published
1DissentFernandez, Circuit Judge
Busquets-Ivars asks us to grant his petition because the INS used the wrong ZIP code when it used certified mail to give him the required notice to appear. It is notable that he does not now assert, and never has asserted, that the notice, which did bear the street address he gave to the INS, did not arrive at its destination. The majority agrees with him; I do not. Absence of or error in a ZIP code does not mean that the address is insufficient for delivery. See Domestic Mail Manual of the Postal Service, 39 C.F.R. § 111.5, A010 (General Addressing Standards); id. at F010 (Basic…
2Cases cited5 opinions
- In Re Longardner & Associates, Inc., Debtor. Appeal of Landahl, Brown & Weed Associates, IncCourt of Appeals for the Seventh Circuit · 1988
- Regina Salta v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
- Alfred P. Santoro, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
- H. Glen Leason v. John D. RosartCourt of Appeals for the Ninth Circuit · 1987
- Pickering v. CommissionerUnited States Tax Court · 1998