NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 18-1587 ______________ JOSPHA CAMPOS, a/k/a Jospha Camposs; a/k/a Jospha A. Campos, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A076-134-412) Immigration Judge: Hon. John B. Carle ______________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) November 13, 2018 ______________ Before: GREENAWAY, JR., SHWARTZ, and BIBAS, Circuit Judges. (Filed: November 15, 2018) ______________ OPINION * ______________ SHWARTZ, Circuit Judge. * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. Jospha 1 Campos was ordered removed in absentia, and sixteen years later she filed a motion to reopen her removal proceeding. The Immigration Judge (“IJ”) denied her motion, and the Board of Immigration Appeals (“BIA”) dismissed her appeal and denied her motion to reconsider that ruling. Campos now petitions for review of the order denying reconsideration. For the reasons that follow, we will deny the petition. I Campos, a native and citizen of the Dominican Republic, entered the United States near San Juan, Puerto Rico in 1992. In 1995, Campos married a United States citizen who subsequently filed an I-130 Petition on her behalf. The former Immigration and Naturalization Service (“INS”) 2 requested more evidence in support of the Petition, which Campos did not provide. In 1998, the INS denied the Petition as abandoned. Campos claims that she “found out [only] recently” that the Petition was denied. A.R. 137 ¶ 4. In April 2000, at the recommendation of her acquaintance, Isabel Martinez, Campos visited the INS’s Philadelphia District Office to ask about immigration benefits. Campos claims that she provided her name and address but the immigration officer misspelled her name and listed Martinez’s address instead. The INS determined that Campos was removable, and issued a Notice to Appear (“NTA”) charging Campos with 1 The docket reflects the spelling of Petitioner’s name as “Jospha” but her brief reflects the spelling as “Josefa.” Pet’r’s Br. at 5. 2 In 2003, the functions of the INS were transferred to the Department of Homeland Security. See Homeland Security Act of 2002, Pub. L. No. 107–296, § 402, 116 Stat. 2135 (codified at 6 U.S.C. § 202). 2 removability as an alien who is a stowaway, in violation of 8 U.S.C § 1182(a)(6)(D), and ordering her to appear at a hearing in August 2000. The NTA, though it lists Martinez’s address, indicates that an INS agent personally served Campos in June 2000 and orally read in Spanish the date of the August 2000 hearing and the consequences of not appearing. Campos, however, claims “the NTA was never given to [her] personally.” A.R. 137 ¶ 7. Campos failed to appear at the August hearing, and it was rescheduled for October 2000. Campos appeared before the IJ on the day of her October hearing with Martinez, who was “seemingly acting as [her] attorney.” A.R. 44-45. Through a ...
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