Hamazaspyan

I. Background

The Department of Homeland Security (“DHS”) detained Hamazaspyan after he attempted to enter the United States with a valid foreign passport, but an altered, or counterfeit, visa. While Hamazaspyan was in custody, the government personally served him with a “notice to appear.”1 On the same day, the immigration court personally served Hamazaspyan with a “hearing notice.”2 The notice to appear and the hearing notice specified Hamazaspyan’s right to an attorney, the con- sequences of failing to appear at the scheduled hearing—i.e., 1 DHS usually serves suspected removable aliens with a notice to appear to commence removal proceedings. 2 The immigration court usually serves suspected removable aliens with hearing notices to schedule master, or “calendar” hearings, at which Court business is scheduled, and individual removal hearings, at which the mer- its of individual claims to remain in the United States are heard and con- sidered. HAMAZASPYAN v. HOLDER 16683 removal in absentia—and Hamazaspyan’s duty to provide the immigration court with a correct address if his correct address was not listed on the hearing notice.

After Hamazaspyan…