Rigoberto Chaidez v. Alberto R. Gonzales, Attorney General

Good Law
486 F.3d 1079·2007 WL 1438455·2007 U.S. App. LEXIS 11553
United States Court of Appeals for the Ninth CircuitMay 17, 200702-71966California3,787 words

Opinion

Opinion

Berzon, J.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed on February 14, 2007 and reported at 476 F.3d 773 is hereby amended as follows: •

With these amendments, the petition for panel rehearing is denied. No further petitions for rehearing may be filed.

OPINION

Petitioner Rigoberto Chaidez entered the United States from Mexico in 1988. We are asked to decide whether Chaidez was properly served with an Order to Show Cause (“OSC”) in 1994. In a prece-dential decision applying the statute in effect in 1994, the Board of Immigration Appeals (“BIA”) held that proper service of an OSC occurred when written notice was sent by certified mail to the alien and the certified mail receipt was signed by the alien, counsel of record, or “a responsible person at [the alien’s] address.” Matter of Grijalva, 211. & N. Dec. 27, 32 (BIA 1995) (en banc). Chaidez’s sworn declaration states that he does not know the person who signed his OSC’s certified mail return receipt and that this person was not authorized to sign on his behalf. In light of this uncontradicted evidence, the government has not satisfied Grijalva’s “responsible person at the alien’s address” requirement.

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