Brenda Paz-Martinez v. William Barr


NOT RECOMMENDED FOR PUBLICATION File Name: 20a0563n.06 No. 19-4271 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Oct 05, 2020 BRENDA AZUCENA PAZ-MARTINEZ, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE BOARD OF ) IMMIGRATION APPEALS WILLIAM P. BARR, Attorney General, ) ) Respondent. ) ) BEFORE: COLE, Chief Judge; McKEAGUE and WHITE, Circuit Judges. HELENE N. WHITE, Circuit Judge. Petitioner Brenda Azucena Paz-Martinez petitions for review from a decision by the Board of Immigration Appeals (BIA) denying her motion to reopen and rescind her in absentia removal order. Finding no abuse of discretion, we DENY the petition for review. I. Paz-Martinez, a native and citizen of Honduras, entered the United States without inspection at or near Hidalgo, Texas, on June 29, 2016. Department of Homeland Security (DHS) issued a notice to appear (NTA) on July 28, 2016, charging Paz-Martinez with removability as an immigrant who at the time of application for admission was not in possession of a valid entry document. See 8 U.S.C. § 1182(a)(7)(A)(i)(I). While in custody, Paz-Martinez was served with the NTA, which informed her that she was required to notify DHS and the immigration court of any change in address and that failure to No. 19-4271, Paz-Martinez v. Barr appear for the hearing could result in a removal order in her absence. The next day, DHS served a notice of hearing setting a hearing date of August 11, 2016, in York, Pennsylvania. Paz-Martinez was then served with several additional notices of hearing rescheduling her hearing. On October 14, 2016, Paz-Martinez was released on bond. She provided a Columbus, Ohio address to DHS, who notified her that she must inform the immigration court of any further change of address. Due to her relocation, DHS moved to change venue to Cleveland, which was granted. A notice of hearing was mailed to Paz-Martinez’s Columbus address, setting a master immigration hearing for February 15, 2017, in Cleveland. Two subsequent notices of hearing were served on Paz-Martinez rescheduling her hearing. In April 2017, with the assistance of her former counsel, Paz-Martinez filed a change-of- address form with the immigration court notifying the court of her relocation to Tampa, Florida, and moved to change venue on May 8, 2017. The immigration judge denied the motion to change venue on May 22, 2017, stating as a reason for the denial that a merits hearing was set for June 26, 2017. On June 5, 2017, former counsel moved to withdraw because former counsel could not represent Paz-Martinez if her hearing was in Cleveland. In that motion, former counsel stated that Paz-Martinez was aware that her immigration hearing was set for June 26, 2017, in Cleveland, and confirmed Paz-Martinez’s current address was in Tampa. The motion was not received by the immigration court until June 13, 2017. On June 9, Paz-Martinez submitted supplemental documents in support of her application for asylum and withholding of removal, which were also received by the immigration court ...

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