Dalip Singh v. Alberto R. Gonzales, Attorney General

The question posed by this case is whether an alien who in sworn affidavits claims that he never received notice of the BIA’s adverse decision is entitled to reopening and reissuance of that decision so that he may timely appeal it to this court. More specifically, when the BIA uses regular mail to meet its regulatory obligation to serve its decisions on aliens, does the BIA’s factual finding that its decision was properly mailed to the alien’s address of record preclude the alien’s claim that he did not actually receive the decision?

I.

Petitioner Dalip Singh is a 42-year-old native and citizen of India. On August 10, 1998, he entered the United States on a B-2 visitor’s visa, which authorized him to remain in the United States until February 9, 1999. Some time before his visa expired and while still lawfully in the United States, Singh petitioned the immigration authorities for asylum, claiming persecution on account of religion (Sikh) and membership in a disfavored group (the Akali Dal Mann Party). Subsequently, Singh appeared at two immigration hearings, one on November 29, 2001 and the second on May 23, 2002.

At the conclusion of the May 23 hearing, the Immigration Judge…