Case: 19-60645 Document: 00515968325 Page: 1 Date Filed: 08/06/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 6, 2021 No. 19-60645 Lyle W. Cayce Clerk Mirian Margarita Parada-Orellana, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A200 116 350 Before Higginbotham, Stewart, and Wilson, Circuit Judges. Cory T. Wilson, Circuit Judge: Mirian Margarita Parada-Orellana moved the Immigration Court of Harlingen, Texas, to rescind her in absentia order of removal or, in the alternative, to reopen her removal proceedings to allow her to apply for cancellation of removal pursuant to the Immigration and Nationality Act (INA) § 240A(b). The Immigration Judge (IJ) denied her request, and she appealed to the Board of Immigration Appeals (BIA), which dismissed her appeal. She now petitions this court for review. We DENY the petition in part and DISMISS in part. Case: 19-60645 Document: 00515968325 Page: 2 Date Filed: 08/06/2021 No. 19-60645 I. Parada-Orellana is a native and citizen of El Salvador. She entered the United States on October 1, 2005. While crossing the border, Parada- Orellana was apprehended by border patrol agents. She was detained for three days. On October 2, 2005, Parada-Orellana was served while in detention with a notice to appear (NTA). The NTA ordered her to appear before an IJ in Harlingen, Texas, at a date and time to be set. Immigration and Customs Enforcement (ICE) agents asked Parada-Orellana for the address where she would be living in the United States, but she only reported that she would be staying with her uncle in Houston, Texas. The agents advised Parada- Orellana that she needed to call and update her address with the immigration court when she obtained a stable address. After being released, Parada-Orellana went to her uncle’s house in Houston. According to Parada-Orellana, she gave all her “immigration papers” to her uncle’s wife after his wife told her that it was “risky” to travel with them. Two months later, Parada-Orellana relocated to Maryland to live with a friend. She did not contact the immigration court to update her address. Parada-Orellana states this was because her uncle and his wife misplaced her “immigration papers.” Regardless, on March 9, 2006, the IJ called Parada-Orellana’s name for a hearing. She was not present, so on March 20, 2006, the IJ ordered Parada-Orellana to be removed in absentia. The IJ noted that Parada- Orellana was advised that she was required by 8 U.S.C. § 1229(a)(1)(F) to provide ICE and the court with her address, which she did not do. The IJ concluded that because Parada-Orellana did not meet this requirement, under § 1229a(b)(5)(B), the court was not required to provide her with written notice of her hearing. 2 Case: 19-60645 Document: 00515968325 Page: 3 Date Filed: 08/06/2021 No. 19-60645 On April 5, 2010, ICE detained Parada-Orellana in Jessup, Maryland. According to Parada-Orellana, this is when she first became aware that the …
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