Gurpreet Singh v. Eric Holder, Jr.

MEMORANDUM

Gurpreet Singh entered the United States without inspection in October 1995. He was apprehended and personally served with an Order to Show Cause (“OSC”) informing him that deportation proceedings were being initiated and that he was “required to be present at [his] deportation hearing prepared to proceed.” The consequences of violating this requirement were made explicit: “If you fail to appear at any hearing after having been given written notice of the date, time and location of your hearing, you will be ordered deported in your absence, if it is established that you are deportable and you have been provided the appropriate notice of the hearing.” Singh left the country in December 1995 to attempt to obtain asylum in Canada. Singh listed his new California address in a November 1995 motion to change venue and his attorney’s address in a December 1995 motion to change venue. He never informed the court of any further changes of address or his departure to Canada. In January 1996, the IJ sent notice of an April 1996 hearing, by registered mail, to Singh and his attorney at the last addresses on file. Both delivery receipts were signed, though not by Singh or by his…