NOT RECOMMENDED FOR PUBLICATION File Name: 21a0298n.06 No. 20-4062 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 28, 2021 HECTOR MANUAL AGUILAR, aka/Hector ) DEBORAH S. HUNT, Clerk Manuel Aguilar, ) ) Petitioner, ) ON PETITION FOR REVIEW ) OF A FINAL ORDER OF THE v. ) BOARD OF IMMIGRATION ) APPEALS MERRICK B. GARLAND, Attorney General, ) ) OPINION Respondent. ) ) BEFORE: BOGGS, MOORE, and LARSEN, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Hector Manual Aguilar petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his motion to reopen an in absentia removal order. For the following reasons, we conclude that the BIA did not abuse its discretion in denying Aguilar’s motion to reopen and rescind his in absentia removal order, and we DENY Aguilar’s petition for review. I. BACKGROUND Aguilar is a native and citizen of El Salvador. Administrative Record (“A.R.”) at 109 (Aguilar Aff. ¶ 1); id. at 178–79 (Passport). In June 1993, when Aguilar was fifteen years old, he entered the United States without inspection. Id. at 109 (Aguilar Aff. ¶ 1); id. at 239 (Record of Deportable Alien). In 1996, Aguilar filed an affirmative asylum application, alleging threats of violence from guerrillas. Id. at 218–23 (Appl. for Asylum and Withholding of Removal). The No. 20-4062, Aguilar v. Garland asylum officer determined that, although Aguilar was credible, Aguilar had not established that he experienced past persecution or that he had a credible fear of future persecution. Id. at 249–50 (Asylum Officer Assessment). The asylum officer thus declined to grant Aguilar’s application and referred his case to the immigration court for further hearing. Id. The former Immigration and Naturalization Service (“INS”) initiated removal proceedings against Aguilar in 1997. Id. at 252–53 (Notice to Appear). INS subsequently served a Notice to Appear on Aguilar via certified mail sent to Aguilar’s address on file: 330 Virginia Lee Court, Apt. 5, Columbus, OH 43209 (“the 330 Virginia Lee Court address”). Id. During Aguilar’s removal proceedings, the immigration court sent three Notice of Hearing documents by regular mail to the 330 Virginia Lee Court address. Id. at 217 (Nov. 6, 1998 Hr’g Not.); id. at 244 (Mar. 20, 1998 Hr’g Not.); id. at 246 (Oct. 17, 1997 Hr’g Not.), and one Notice of Hearing document by personal service, id. at 245 (Feb. 19, 1998 Hr’g Not.). Aguilar appeared at the first three Master Calendar hearings. The last Notice of Hearing sent to Aguilar, dated November 6, 1998, informed Aguilar of a Master Calendar hearing scheduled for June 4, 1999. Id. at 217 (Nov. 6, 1998 Hr’g Not.). Aguilar submitted a change-of- address form to the immigration court dated June 2, 1999. It informed the court that he had moved from 330 Virginia Lee Court, Apt. 5, Columbus, OH 43209 to 3130 Allegheny Ave., Apt. B, Columbus, OH 43209. Id. at 112 (Change of Address Form). When Aguilar failed to appear at his June 4, 1999 Master Calendar hearing, the immigration judge (“IJ”) …
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