Case: 17-60207 Document: 00514633382 Page: 1 Date Filed: 09/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-60207 United States Court of Appeals Fifth Circuit FILED LETICIA MOGOLLAN-PASTEN, September 7, 2018 Lyle W. Cayce Petitioner Clerk v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A072 210 826 Before STEWART, Chief Judge, and WIENER and HIGGINSON, Circuit Judges. STEPHEN A. HIGGINSON, Circuit Judge:* Leticia Mogollan-Pasten is a native and citizen of Mexico. She sought entry into the United States on November 29, 1992, claiming to be a United States Citizen. She lacked valid entry documents, however, and was detained for being possibly excludable as either an alien seeking admission by means of fraud or as an alien seeking admission without valid entry documents. See 8 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 17-60207 Document: 00514633382 Page: 2 Date Filed: 09/07/2018 No. 17-60207 U.S.C. §§ 1182(a)(6)(C) & (7)(A). In an interview later that day, she admitted to being a Mexican citizen and to falsely claiming United States citizenship. The Immigration and Naturalization Service (“INS”) immediately charged Mogollan-Pasten as being excludable and issued her a Form I-122, “Notice to Applicant for Admission Detained for Hearing before an Immigration Judge.” The notice informed Mogollan-Pasten that a hearing “will be scheduled” and that “[i]t is understood that you want the notice of hearing to be sent to you at the following address: 1615 Calle Licenciado Soto y Gama, Col. Francisco I. Madero, Juarez, Chih. Mexico.” She was then permitted to return to Mexico to await notification of her hearing. The next day, November 30, 1992, Mogollan-Pasten reentered the United States without inspection. Ten days later, on December 10, 1992, the Immigration Court mailed a Notice of Hearing to Mogollan-Pasten at the address she had provided, informing her that a hearing had been scheduled for January 21, 1993. On December 21, 1992, the notice was returned to the Immigration Court with a handwritten note on the envelope appearing to state: “No hay el numero que cita,” or “There is not the number you cite.” Mogollan-Pasten did not appear at the hearing on January 21, and was found deportable by the Immigration Judge (“IJ”) and ordered excluded in absentia on January 25, 1993. On September 28, 2016, Mogollan-Pasten filed with the Immigration Court a motion to reopen her exclusion proceedings and rescind the in absentia exclusion and deportation order. She argued that reopening the proceedings and rescinding the order were appropriate because she had not received notice of the hearing. See 8 U.S.C. § 1229a(b)(5)(C)(ii). Her motion explained that while she had reentered the United States on November 30, 1992, her family remained at the address she had provided and yet never received notice of the hearing. The IJ ...
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