Legal Opinion

M-D

Board of Immigration Appeals

Decided July 1, 2002No. ID 3485PublishedCited by 18 opinions

1Opinion of the Court

Cite as

23 I&N Dec. 540

(BIA 2002) Interim Decision #3485 In re M-D-, Respondent Decided December 18, 2002 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An alien may be charged with receipt of a notice to appear and notice of the hearing date, where the notice is sent by certified mail to the alien’s correct address, but it is returned by the United States Postal Service marked “unclaimed.” (2) The regulations at

8 C.F.R. § 3.13

(2002) do not require that the notice to appear or notice of hearing in removal proceedings be sent to the alien or…

2Cases cited16 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Landon v. PlasenciaSupreme Court of the United States · 1982
  3. Josephine Weigner v. The City of New YorkCourt of Appeals for the Second Circuit · 1988
  4. Youssef Adib Farhoud v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1997
  5. GRIJALVABoard of Immigration Appeals · 1995

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3Cited by18 opinions

  1. Giorgi Maghradze v. Alberto R. Gonzales, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2006
  2. M-A-MBoard of Immigration Appeals · 2011
  3. Kalpana S. Joshi v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
  4. M-R-ABoard of Immigration Appeals · 2008
  5. Rigoberto Chaidez v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007

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