RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0031p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT GUALTERIO LAZARO SANTOS-SANTOS, ┐ Petitioner, │ │ > No. 18-3515 v. │ │ │ WILLIAM P. BARR, Attorney General, │ Respondent. │ ┘ On Petition for Review from the Board of Immigration Appeals; No. A 076 973 587. Decided and Filed: February 28, 2019 Before: SILER, COOK, and BUSH, Circuit Judges. _________________ COUNSEL ON BRIEF: David W. Williams, Santa Ana, California, for Petitioner. Jeffery R. Leist, Anthony C. Payne, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________ OPINION _________________ SILER, Circuit Judge. Gualterio Lazaro Santos-Santos petitions for review of a 2018 order by the Board of Immigration Appeals (“Board”) that affirmed an immigration judge’s (“IJ”) decision denying the motion to reopen an in absentia removal order entered against Santos-Santos in 2000. Santos-Santos argues that the Notice to Appear (“NTA”)1 served on him 1Unless otherwise indicated, we use the term Notice to Appear and NTA referred to in 8 C.F.R. §§ 1003.13–15. No. 18-3515 Santos-Santos v. Barr Page 2 did not include the “date, time, and place” at which he was required to appear, and the IJ therefore had no jurisdiction to enter a removal order. We DENY the petition. I. Santos-Santos, a citizen of Mexico, entered the United States without inspection near Nogales, Arizona, in 1999. On March 6, 2000, he and his wife attempted to enter Canada from Port Huron, Michigan, but were denied admission by Canadian immigration authorities and directed back to Port Huron. They were referred to secondary inspection and questioned as to their citizenship and status in the United States. Both admitted to being citizens of Mexico and entering the United States illegally. Santos-Santos said he illegally resided in Chicago, Illinois. The Immigration and Naturalization Service (“INS”) personally served Santos-Santos with an NTA, charging him with inadmissibility under the Immigration and Nationality Act (“INA”) § 212(a)(6)(A)(i),2 and ordering him to appear for a hearing in Detroit. The NTA listed his address as “2444 South Troy, Chicago, Illinois, 60623,” and indicated that the date and time of the hearing was “to be determined.” On May 19, a “Certificate of Service of Charging Document with the Immigration Court” was issued to Santos-Santos at the same address, informing him that the NTA had been sent to the Detroit immigration court. On May 24, the Detroit immigration court issued a Notice of Hearing ordering him to appear on October 20, 2000; it was mailed to Santos-Santos at “2444 South Troy, Chicago, IL 60623.” Santos-Santos failed to appear at his October 20, 2000, hearing and was ordered removed in absentia. The order was mailed to the same address. Santos-Santos claims he did not receive the in absentia order and only learned of it when he was involved with immigration proceedings in Los Angeles. In 2018, Santos-Santos, through counsel, filed a motion to reopen the in absentia order with the immigration court. Santos-Santos argued that he never received ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals