USCA11 Case: 20-14757 Date Filed: 11/10/2021 Page: 1 of 12 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-14757 Non-Argument Calendar ____________________ LEONSO OQUELI REYES-GAMES, DENIA MARILU LOPEZ-PONCE, KEVIN NAHUN REYES-LOPEZ, JONATHAN OQUELLY REYES-LOPEZ, DANNA MARILU REYES-LOPEZ, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. USCA11 Case: 20-14757 Date Filed: 11/10/2021 Page: 2 of 12 2 Opinion of the Court 20-14757 ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A203-627-782 ____________________ Before JILL PRYOR, NEWSOM, and EDMONDSON, Circuit Judges. PER CURIAM: Leonso Reyes-Games, his wife, and the couple’s three minor children (“Petitioners”) -- all natives and citizens of Honduras -- pe- tition for review of the order by the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”). The IJ’s decision denied Petitioners’ motion to reopen and to rescind orders of removal issued in absentia. No reversible error has been shown; we dismiss the petition in part and deny the petition in part. Petitioners entered the United States near Del Rio, Texas on 3 June 2019. The following day, the Department of Homeland Se- curity (“DHS”) issued Notices to Appear -- notices charging each Petitioner as removable under INA § 212(a)(6)(A)(i), for being pre- sent in the United States without being admitted or paroled. Dur- ing processing, Petitioners told DHS officials they intended to USCA11 Case: 20-14757 Date Filed: 11/10/2021 Page: 3 of 12 20-14757 Opinion of the Court 3 reside at 30 Old Holcomb Bridge Way, Roswell, Georgia 30076. Petitioners’ NTAs listed the 30 Old Holcomb Bridge Way address as Petitioners’ current address. The NTAs specified no date or time for Petitioners’ hearing before the IJ; the NTAs provided only that Petitioners were re- quired to appear at “a date to be set” and “a time to be set.” In a paragraph with the heading “Failure to appear,” the NTAs pro- vided this language: You are required to provide the DHS, in writ- ing, with your full mailing address and telephone number. You must notify the Immigration Court im- mediately by using Form EOIR-33 whenever you change your address or telephone number during the course of this proceeding. You will be provided with a copy of this form. Notices of hearing will be mailed to this address. If you do not submit Form EOIR-33 and do not otherwise provide an address at which you may be reached during proceedings, then the Gov- ernment shall not be required to provide you with written notice of your hearing. If you fail to attend the hearing at the time and place designed on this no- tice, or any date and time later directed by the Immi- gration Court, a removal order may be made by the immigration judge in your absence, and you may be arrested and detained by the DHS. (emphasis added) USCA11 Case: 20-14757 Date Filed: 11/10/2021 Page: 4 of 12 4 Opinion of the Court 20-14757 Certificates of service at the bottom …
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