Maria Acelina Valencia-Fragoso v. Immigration and Naturalization Service

Good Law
321 F.3d 1204·2003 Cal. Daily Op. Serv. 2054·2003 U.S. App. LEXIS 3931
United States Court of Appeals for the Ninth CircuitMarch 6, 200302-70028California722 words

Opinion

Opinion

Maria Acelina Valencia-Fragoso is a native and citizen of Mexico who entered the United States without inspection on August 26, 1989. On February 20, 1998, the Immigration and Naturalization Service (“INS”) initiated removal proceedings against her. On May 11, 1998, after having postponed the removal hearing twice, the Immigration Judge (“IJ”) sent her a notice stating that the hearing had been rescheduled for 8:30 a.m. on July 1, 1998. She admits to receiving the notice.

On July 1, 1998, Valencia-Fragoso did not appear in court at 8:30 a.m. She had lost the hearing notice and thought the hearing was scheduled for 1:00 p.m. The IJ conducted the hearing without her and entered an in absentia removal order. In her motion to reopen, Valencia-Fragoso alleged that she misreeolleeted the time printed in the notice. She mistakenly thought that the hearing was scheduled for 1:00 p.m. (at which time she did appear), because the prior two hearings had been scheduled for that time. The IJ denied the motion to reopen, and the Board of Immigration Appeals (“BIA”) affirmed. She now petitions for review.

Valencia-Fragoso argues that the IJ erroneously entered an in absentia removal…

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