Case: 18-13507 Date Filed: 09/03/2019 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-13507 Non-Argument Calendar ________________________ Agency No. A073-164-482 SOWE ABDOULIE, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petitions for Review of a Decision of the Board of Immigration Appeals ________________________ (September 3, 2019) Before TJOFLAT, JORDAN, and JILL PRYOR, Circuit Judges. PER CURIAM: Case: 18-13507 Date Filed: 09/03/2019 Page: 2 of 9 Abdoulie Sowe1 seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the denial of his motion to reopen his immigration proceedings after entry of an in absentia removal order. Mr. Sowe argues that the BIA abused its discretion in failing to consider all of the evidence he submitted regarding whether he received notice of the February 2001 hearing at which his removal was ordered. He also argues that the BIA erred in declining to reopen his proceedings sua sponte because such refusal creates a due process concern. I In 1992, Mr. Sowe entered the United States on a visitor visa. He filed an asylum application on October 1, 1993, which he withdrew in 1998 with the assistance of his attorney. The asylum office issued a notice referring his case to the immigration court, and Immigration and Naturalization Services (“INS”) issued a Notice to Appear. In September of 1998, Mr. Sowe’s wife—a United States citizen whom he married in 1997—filed an I-130 petition on his behalf. She withdrew that application in or around 1999. In March of 2000, Mr. Sowe filed a change of address form. 1 Though the caption in this case is styled “Sowe Abdoulie v. U.S. Attorney General,” it appears this is a mistake and that the petitioner’s name is “Abdoulie Sowe.” See Declaration of Abdoulie Sowe, AR 000067. 2 Case: 18-13507 Date Filed: 09/03/2019 Page: 3 of 9 With the assistance of counsel, Mr. Sowe continued his immigration hearing several times, eventually appearing on June 22, 2000. At that hearing, Mr. Sowe’s attorney withdrew as counsel of record. At the June 22, 2000 hearing, the immigration court also noticed a January 16, 2001, hearing to allow Mr. Sowe time to retain new counsel and confirmed his new address. Mr. Sowe failed to appear at the January 2001 hearing. The immigration court then continued the hearing until February 1, 2001, and issued a new notice to Mr. Sowe. The copy of the notice sent to Mr. Sowe his former attorney’s name and address printed at the top but both were crossed out. The copy of the notice also had Mr. Sowe’s address handwritten on the notice (and it was not crossed out). Mr. Sowe did not appear at the February 1, 2001 hearing. The immigration judge (“IJ”) proceeded in absentia and ordered Mr. Sowe removed from the United States. In 2017, Mr. Sowe’s son, a United States citizen, turned 21 and filed an immigrant petition naming his father as beneficiary. The petition was approved on October 5, 2017. Had ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals