Case: 20-60332 Document: 00516455620 Page: 1 Date Filed: 09/01/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 1, 2022 No. 20-60332 Lyle W. Cayce Clerk Crimilda Cecilio Rodriguez, also known as Crimi Cecilio, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. 205 290 602 Before Stewart, Elrod, and Graves, Circuit Judges. James E. Graves, Jr., Circuit Judge:* Petitioner Crimilda Cecilio Rodriguez was ordered removed in absentia after she failed to appear for her removal hearing before an Immigration Judge (IJ). She moved to reopen her case arguing she did not receive notice of the hearing despite having updated her address with Immigration and Customs Enforcement (ICE) officials during periodic * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-60332 Document: 00516455620 Page: 2 Date Filed: 09/01/2022 No. 20-60332 “check-ins.” The IJ denied the motion and the Board of Immigration Appeals (BIA) dismissed the subsequent appeal. Because the determination that Cecilio Rodriguez did not inform ICE of her address change is supported by substantial evidence, we DENY in part and DISMISS in part the petition. I. Cecilio Rodriguez is a native and citizen of Mexico. She entered the United States without inspection in October 2000. In April 2012, Cecilio Rodriguez was detained by the Department of Homeland Security (DHS). She was released on her own recognizance and was ordered to report to a DHS/ICE officer on May 22, 2012. When Cecilio Rodriguez reported on May 22, 2012, an ICE officer personally served her with a notice to appear (NTA) charging her removable as an alien present in the United States without being admitted or paroled. The NTA did not contain a date and time for the hearing. The NTA listed Cecilio Rodriguez’s address as 1000 Country Place #43, Houston, Texas 77079. The DHS filed the NTA with the Immigration Court on July 2, 2012, vesting jurisdiction with the Immigration Court. 8 C.F.R. § 1003.14(a). On July 5, 2012, a notice of hearing (NOH) was mailed to the address Cecilio Rodriguez provided on the NTA. Cecilio Rodriguez’s hearing was rescheduled several times, and subsequent NOHs were sent as follows. The July 5, 2012 NOH ordered Cecilio Rodriguez to appear on August 5, 2013. On June 28, 2013, a second NOH was mailed to Cecilio Rodriguez ordering her to appear on June 30, 2014. That second NOH was returned as undeliverable. Thereafter, on March 20, 2014, a third NOH was mailed to Cecilio Rodriguez ordering her to appear on June 8, 2015. On March 20, 2015, the Immigration Court mailed 2 Case: 20-60332 Document: 00516455620 Page: 3 Date Filed: 09/01/2022 No. 20-60332 a fourth NOH informing Cecilio Rodriguez that the June 8, 2015 hearing had been cancelled, and that the hearing was set …
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