USCA11 Case: 20-14482 Date Filed: 01/06/2022 Page: 1 of 18 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-14482 Non-Argument Calendar ____________________ CHRISTIANE LIMA DA CONCEICAO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A205-358-210 ____________________ USCA11 Case: 20-14482 Date Filed: 01/06/2022 Page: 2 of 18 2 Opinion of the Court 20-14482 Before BRANCH, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Christiane Lima Da Conceicao seeks review of the decision of the Board of Immigration Appeals (“BIA”) denying her motion to reconsider its order summarily affirming the immigration judge’s denial of her motion to reopen removal proceedings, in which the immigration judge issued an in absentia final order of removability. Da Conceicao challenges the BIA’s denial of her motion to reconsider, in which she reiterated her argument that she did not receive proper notice of the rescheduled hearing be- cause she filed a change of address form with the post office but did not inform the immigration court of her new address. For the reasons stated below, we deny the petition for review. I. FACTUAL AND PROCEDURAL BACKGROUND Da Conceicao, a native and citizen of Brazil, entered the United States on or about April 27, 2000, as a “nonimmigrant B2 with authorization to remain in the United States for a temporary period not to exceed October 26, 2000.” In October 2012, she was issued a Notice to Appear (“NTA”), which charged that she was removable under Immigration and Nationality Act (“INA”) § 237(a)(1)(B), 8 U.S.C. § 1227(a)(1)(B), for remaining in the Unit- ed States longer than permitted after being admitted as a nonim- migrant. The NTA noted that she had a hearing scheduled for November 6, 2012, before an immigration judge in Miami, Flori- USCA11 Case: 20-14482 Date Filed: 01/06/2022 Page: 3 of 18 20-14482 Opinion of the Court 3 da. The immigration court also mailed Da Conceicao a notice in- forming her of the November 6, 2012, hearing and noting her ob- ligation to inform the immigration court of any change in her ad- dress. The notice also informed Da Conceicao of the conse- quences of failing to appear at the hearing, including the entry of an order of removal in her absence. At her November 6, 2012, hearing, Da Conceicao received a notice of a master hearing on April 16, 2013, in Miami. The no- tice informed Da Conceicao of her obligation to inform the im- migration court of any address change and of the consequences of failing to appear at her hearing, including ineligibility for cancella- tion for removal. On April 16, 2013, Da Conceicao filed a change of address form with the immigration court. At her hearing on April 16, 2013, Da Conceicao received a notice of master hearing for June 18, 2013. This notice included a warning that every time she changed her address, she must file a change of address form with the …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals