United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3280 ___________________________ Nelson Pinos Gonzalez lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: May 14, 2019 Filed: July 5, 2019 ____________ Before BENTON, WOLLMAN, and GRASZ, Circuit Judges. ____________ WOLLMAN, Circuit Judge. Nelson Pinos Gonzalez petitions for review of the denial by the Board of Immigration Appeals (the Board) of his motion to reopen in absentia deportation proceedings from 1994. He argues that he did not receive adequate notice of the charges against him. Finding no abuse of discretion in the Board’s determination that Pinos had failed to establish a case for reopening, we deny the petition. Pinos entered the United States without inspection in 1992. After working in a restaurant in New York for several months, he visited his brother-in-law in Minneapolis, where he was arrested in an immigration raid. While Pinos was in custody, immigration officials drafted an Order to Show Cause charging him with eligibility for deportation. The Order to Show Cause contained notices of rights and consequences written in both English and Spanish, a copy of Pinos’s fingerprint, and a declaration signed by an immigration agent that the form had been read to Pinos in Spanish. The notice of rights and consequences admonished Pinos that he was required to provide an address where he could be contacted and that he was to provide written notice of any change in address. Pinos provided a Minneapolis address and signed the Order to Show Cause. He then signed an Order of Release on Recognizance form that was written only in English. Upon his release, or shortly thereafter, Pinos returned to New York. Notice of his deportation proceedings was sent to the Minneapolis address that he had provided, where it was signed for but never forwarded. He was ordered deported in March 1994. Pinos later moved to New Haven, Connecticut, where he eventually earned a full-time job and fathered three U.S. citizen children with his long-term partner. In 2012, an immigration attorney advised him to self-report to Immigration and Customs Enforcement (ICE), which he did. He continued meeting with his local ICE officers for approximately five years. In the meantime, Pinos’s attorney tried and failed in 2014 to reopen his deportation proceedings, and his appeal was dismissed by the Board. In October 2017, Pinos’s local ICE branch abruptly informed him that he must leave the country by November 30. Pinos thereafter filed a motion with ICE for a discretionary stay of removal, which was denied, and new motions with the Board to reopen his proceedings and stay his removal, which were also denied. With new -2- counsel, he subsequently filed the present motion to reopen. He contends that the full Order to Show Cause was neither presented to him nor read to him in Spanish. Accordingly, he claims that he was unaware of the requirement that he apprise immigration officials ...
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