Saran James v. Jefferson B. Sessions, III

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0561n.06 No. 17-3259 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED SARAN NIOKA JAMES, ) Oct 06, 2017 ) DEBORAH S. HUNT, Clerk Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION JEFFERSON B. SESSIONS, III, Attorney ) APPEALS General, ) ) Respondent. ) ) BEFORE: COLE, Chief Judge; ROGERS and GRIFFIN, Circuit Judges. PER CURIAM. Saran Nioka James petitions this court for review of an order of the Board of Immigration Appeals (BIA) denying her motion to reconsider its prior order which had dismissed her appeal from an Immigration Judge’s (IJ) denial of her motion to reopen and rescind an in absentia removal order. As set forth below, we deny the petition for review. James, a native and citizen of St. Vincent, illegally entered the United States by crossing the St. Clair River into Michigan on August 29, 2003. That day, officials with the Department of Homeland Security (DHS) arrested James and personally served her with a notice to appear (NTA) in removal proceedings, charging her with removability as an alien present in the United States without being admitted or paroled. See 8 U.S.C. § 1182(a)(6)(A)(i). James signed the NTA twice and placed her fingerprint on the document. The NTA ordered James to appear before an IJ in Detroit, Michigan, at a date and time “to be set.” The NTA advised James of her No. 17-3259 James v. Sessions obligation to provide her current address and the consequences of failing to provide her address or appear before the IJ: Failure to appear: You are required to provide the INS, in writing, with your full mailing address and telephone number. You must notify the Immigration Court immediately 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 Government 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 designated on this notice, or any date and time later directed by the Immigration Court, a removal order may be made by the immigration judge in your absence, and you may be arrested and detained by the INS. See 8 U.S.C. § 1229(a)(1)(F). The NTA indicated that James “failed to provide” an address, but that typewritten entry was crossed out and a handwritten notation added an address of “231 Gratton St., Brooklyn, NY 11212.” On January 7, 2005, the Immigration Court mailed a notice of hearing to the address handwritten on the NTA, informing James that a hearing had been scheduled for February 9, 2005, at 9:00 a.m. When James failed to appear for the hearing, the IJ ordered ...

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