The petitioner asks for review of a Board of Immigration Appeals decision denying his appeal from the decision of the Immigration Judge that denied his motion to reopen his in absentia deportation proceedings, rescind the in absentia deportation order, stay deportation and change venue. On a motion to reopen, an unsupported denial of receipt of the certified mail notice of hearing is insufficient to rebut the presumption of effective service. No prejudice was shown by the fact that the notice was not in Spanish, and the decision whether to grant the motion to reopen the petitioner's deportation proceedings was purely discretionary. The petition for review is denied. 5th U.S. Circuit Court of Appeals, No. 12-60512, 08-08-2013.
Ojeda-Calderon v. Holder
August 8, 2013