Case: 17-60768 Document: 00514895544 Page: 1 Date Filed: 04/01/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-60768 FILED April 1, 2019 Lyle W. Cayce ROSA MARIA NAVARRETE-LOPEZ, Clerk Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals Before HIGGINBOTHAM, SMITH, and HIGGINSON, Circuit Judges. STEPHEN A. HIGGINSON, Circuit Judge: Petitioner Rosa Maria Navarrete-Lopez asks this court to reverse a decision by the Board of Immigration Appeals denying her motion to reopen removal proceedings. Navarrete-Lopez alleges that she never received a Notice of Hearing. Finding no abuse of discretion in the Board’s determination that Navarrete-Lopez failed to rebut the presumption of receipt, we deny the petition. Case: 17-60768 Document: 00514895544 Page: 2 Date Filed: 04/01/2019 No. 17-60768 BACKGROUND 1 Rosa Maria Navarrete-Lopez is a native and citizen of El Salvador. On March 14, 2004, she entered the United States without being admitted or paroled. That same day, the Department of Homeland Security (“DHS”) served her personally with a Notice to Appear (“NTA”), charging her with being removable and notifying her of a hearing on a date and at a time “to be set.” The NTA also informed Navarrete-Lopez that she had an obligation to keep immigration authorities apprised of her current mailing address. 2 At that time, Navarrete-Lopez told immigration officers that she would reside and receive mail at an address on South Dairy Ashford Road in Houston, Texas. A short while later, on April 3, Navarrete-Lopez filed a change-of- address form designating a new address on Valley View Lane, also in Houston. The immigration court received the form on April 8. What happened next is the subject of debate. According to the respondent, a “Notice of Hearing” (“NOH”) was sent to Navarrete-Lopez at the Valley View address on June 30 via regular mail. Navarrete-Lopez does not dispute that there is a document in the record entitled “Notice of Hearing” that, on its face, reflects a regular mail send date around that time. 3 That document is undisputedly addressed to Navarrete-Lopez, at the Valley View address, and notices a hearing set for August 24, 2004 at 9:00 a.m. There is no evidence that it was ever returned as undeliverable. But Navarrete-Lopez insists that she never received it. 1 The following facts are undisputed unless otherwise specified. 2 Navarette-Lopez also received the NTA orally in Spanish. 3 The NOH bears “May 13, 2004” after the word “Date” at the top of the page. In a section at the bottom of the page entitled “Certificate of Service,” the NOA bears a handwritten date of “6-30-04.” Neither party has explained this six-week lag. Although the respondent cites June 30 as the send date and the petitioner cites May 13, this distinction is immaterial to the ultimate issue. 2 Case: 17-60768 Document: 00514895544 Page: 3 Date Filed: 04/01/2019 No. 17-60768 The parties agree that Navarrete-Lopez did not attend the August ...
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