Navarrete-Lopez v. Barr

The Fifth Circuit denied a petition for review of the BIA's denial of petitioner's motion to reopen removal proceedings. Petitioner alleged that she never received a notice of hearing. The court held that the BIA did not abuse its discretion by determining that petitioner failed to rebut the presumption of receipt of effective service. In this case, the BIA reached a final determination based on the totality of the circumstances where various circumstances -- including no non-deliverable return, no prior affirmative applications for relief, and lack of due diligence -- weighed in favor of the presumption of receipt. View "Navarrete-Lopez v. Barr" on Justia Law