United States v. Noe Arias-Ordonez

BACKGROUND

Noe Arias-Ordonez is a citizen of Mexico who has lived in this country since the age of ten and now has a United States UNITED STATES v. ARIAS-ORDONEZ 3619 citizen child. He was convicted in 2002 of misdemeanor pos- session of a controlled substance and placed in removal pro- ceedings. His mother posted a $5000 bond to secure his release and informed ICE officials of his address. Just before his release from detention, Arias-Ordonez received a notice to appear at a removal hearing, but the notice did not state the date it would take place. That information was not sent for another week, when the clerk at the immigration court sent the notice by regular mail. The government does not dispute that Arias-Ordonez never received it. He was removed in absentia on June 6, 2003.

ICE sent the subsequent order to report for removal by cer- tified mail the following October, and Arias-Ordonez did receive it. The order to report said:

As you know, following a hearing in your case you were found removable and the hearing officer has entered an order of removal. A review of your file indicates that there is no administrative relief which may be extended to you, and…