Legal Opinion
Edson Silva-Carvalho Lopes v. Alberto Gonzales, Attorney General
Court of Appeals for the Second Circuit
Decided November 2, 2006No. Docket 05-6878-AGPublishedCited by 69 opinions
1Per curiam
Petitioner Edson Silva-Carvalho Lopes (“Silva”) seeks review of a December 2, 2005 decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s denial of his motion to reopen and rescind an in absentia order of removal. The precise issues before us are whether the BIA (1) erred in applying a presumption of receipt to a notice to appear that was properly addressed and mailed according to regular office procedures, and (2) exceeded its discretion in dismissing Silva’s appeal without considering all of the circumstantial evidence he presented in support of…
2Cases cited9 opinions
- Regina Salta v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
- GRIJALVABoard of Immigration Appeals · 1995
- Kalpana S. Joshi v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
- Jose Flores-Chavez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Walid Aly Abola Ghounem v. John AshcroftCourt of Appeals for the Eighth Circuit · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Gomez-Palacios v. HolderCourt of Appeals for the Fifth Circuit · 2009
- Alrefae v. ChertoffCourt of Appeals for the Second Circuit · 2006
- M-R-ABoard of Immigration Appeals · 2008
- Sembiring v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
- Ping Chen v. U.S. Attorney GeneralCourt of Appeals for the Second Circuit · 2007
64 more not listed; retrieve them via the Exa API.