NOT RECOMMENDED FOR PUBLICATION File Name: 20a0572n.06 Case No. 20-3144 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Oct 07, 2020 JONATTAN GUERRA-CANALES, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW OF A v. ) DECISION OF THE UNITED ) STATES BOARD OF WILLIAM P. BARR, Attorney General, ) IMMIGRATION APPEALS ) Respondent. ) ) BEFORE: SILER, SUTTON, and LARSEN, Circuit Judges. SILER, Circuit Judge. Jonattan Guerra-Canales (“Guerra”) petitions for review of the Board of Immigration Appeals’ (BIA) decision denying his motion to reopen an in abstentia order of removal based on lack of notice. Guerra did not establish that his lack of notice was through no fault of his own. Therefore, we DENY the petition for review. I. On October 16, 2016, Guerra, a citizen and national of El Salvador, entered the United States illegally without being admitted or paroled after inspection by an immigration officer. The Department of Homeland Security (DHS) apprehended Guerra and took him into custody. On October 21, 2016, Guerra was personally served with a Notice to Appear (NTA) and Order of Release, charging him with being removable from the U.S. pursuant to 8 U.S.C. § 1182(a)(6)(A)(i). Case No. 20-3144, Guerra-Canales v. Barr Both documents gave Guerra’s address as 4846 CB Place, Apt. 8, Springdale, AR 72764. The DHS’s Notice to the Executive Office for Immigration Review (EOIR): Alien Address (Notice to EOIR), dated November 14, 2016, lists the same address. On January 27, 2017, the DHS began removal proceedings against Guerra by filing the NTA with the Immigration Court (IJ). On February 27, 2017, Guerra filed an application for asylum and withholding of removal and requested protection under the Convention Against Torture (CAT). This application lists Guerra’s address as 4846 CB Place, Apt. A, Springdale, AR 72764. On March 3, 2017, the IJ mailed to Guerra a Notice of Hearing (NOH) that his removal hearing would be held on April 27, 2017 and addressed it to 4846 CB Place, Apt. 8, Springdale, AR 72764 as indicated on his NTA. The NOH was not returned as undeliverable and it advised Guerra of the consequences if he should not appear as scheduled. Guerra in the meantime attended three check-in appointments as required on his Order of Release on (1) November 21, 2016, (2) May 9, 2017, and (3) November 14, 2017. On April 27, 2017, the IJ conducted Guerra’s removal hearing but Guerra did not appear as required. He was then ordered removed in absentia to El Salvador. This order was mailed to Guerra at 4846 CB Place, Apt. 8, Springdale, AR 72764, and was returned as undeliverable to the EOIR. On March 5, 2018, Guerra filed a motion to rescind the in absentia removal order and reopen proceedings.1 Guerra argued that he did not receive notice of his April removal hearing and that he had made several phone calls to the EOIR hotline between November 2016 and March 1 The DHS filed a notice that it did not ...
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