Case: 19-12453 Date Filed: 01/14/2020 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12453 Non-Argument Calendar ________________________ Agency No. A089-233-096 NINOSKA GAVARRETE-SERRANO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petitions for Review of a Decision of the Board of Immigration Appeals ________________________ (January 14, 2020) Before WILSON, ANDERSON, and JULIE CARNES, Circuit Judges. PER CURIAM: Petitioner Ninoska Gavarrete-Serrano, a native and citizen of Honduras who was ordered removed after failing to appear for her immigration-court hearing in Case: 19-12453 Date Filed: 01/14/2020 Page: 2 of 10 September 2010, seeks review of the Board of Immigration Appeals’ (“BIA”) order denying her July 2018 motion to reopen her removal proceedings. On appeal, the Government has moved for summary disposition of the petition. We agree that summary denial is appropriate. Accordingly, we grant the Government’s motion for summary disposition and deny the petition. I. BACKGROUND Petitioner illegally entered the United States in 2007. In June 2010, the Department of Homeland Security (“DHS”) personally served a Notice to Appear (“NTA”) on Petitioner, charging her as removable under 8 U.S.C. § 1182(a)(6)(A)(i). The NTA identified a Florida mailing address for Petitioner and stated that the date and time for her appearance before an immigration judge (“IJ”) were “to be set.” By signing the certificate of service, Petitioner acknowledged that the notice of hearing would be sent to the address kept on file with the immigration court, that she had an obligation to provide a current address and immediately inform the court of any change of address, that failure to satisfy this obligation would relieve the Government of its obligation to provide hearing notice, and that she would be order removed if she failed to attend her hearing.1 1 An NTA must explain an alien’s obligation to “provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number” and the consequence of failing to do so, 8 U.S.C. § 1229(a)(1)(F)(ii), (iii), namely, that a notice of hearing sent to the most recent address provided by the alien is deemed sufficient for purposes of removing an alien who fails to appear, id. § 1229a(b)(5)(A). 2 Case: 19-12453 Date Filed: 01/14/2020 Page: 3 of 10 In July 2010, agency officials mailed Petitioner a “Notice of Hearing in Removal Proceedings,” which stated that her immigration-court hearing would occur on September 7, 2010 at 9:00 a.m. Petitioner failed to appear at the hearing, however, and, after the DHS submitted documentary evidence, the immigration court found that removability had been established and that Petitioner had abandoned any possible applications for relief. Accordingly, the court issued an order of removal in absentia, ordering Petitioner removed to Honduras.2 Petitioner did not appeal this ruling. Instead, in August 2016, almost six years later, she moved to reopen her immigration proceedings so she could apply for a 601A Provisional Waiver3 and adjustment of status based on her spouse’s and children’s U.S. citizenship. Petitioner claimed that ...
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