Legal Opinion
Regina Salta v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided December 30, 2002No. 01-71537PublishedCited by 126 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
We must determine whether the Board of Immigration Appeals (“BIA”) erred in applying presumptions and burdens of proof tailored to a statute requiring notice by certified mail, where notice was given pursuant to an amended version of the statute allowing the use of regular mail. Because we determine that Petitioner’s lack of notice claim should be considered at an evidentiary hearing applying standards attuned to the amended statute, we grant the petition for review.
Background Facts & Procedural History
Petitioner Regina Salta (“Salta”) attended classes at…
2Cases cited6 opinions
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Leticia Cordon-Garcia v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Singh v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- GRIJALVABoard of Immigration Appeals · 1995
- Carolina ARRIETA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by126 opinions
- Khadija Mohammed v. Alberto R. Gonzales, Attorney General, Khadija Ahmed Mohamed v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Anis Shokri Salama Malty v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Zeferino Mendez-Gutierrez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Mejia-Hernandez v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Zhong Guang Sun v. United States Department of JusticeCourt of Appeals for the Second Circuit · 2005
121 more not listed; retrieve them via the Exa API.