Alvarez-Enriquez
Alvarez-Enriquez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner Nelson Ismael Alvarez-Enriquez, a native of Guatemala, entered the United States in 1994 without inspection and was told to keep the Immigration and Naturalization Service (“INS”) informed of his address. He failed to do so. On October 4, 1994, after an order to show cause was entered but not served, Petitioner was ordered deported in absentia. Petitioner married a United States citizen in 1998 who filed an application to obtain a visa for him. The INS 1 approved an 1-130 relative visa application, and a naturalization application filed on Petitioner’s behalf by his wife is apparently still pending.
Petitioner moved to reopen his deportation proceedings because he did not re *262 ceive notice of the hearing. The Immigration Judge (“IJ”) found that Petitioner had been adequately advised of the need to keep INS informed of his address, making in absentia proceedings proper. On February 11, 2002, the IJ denied the motion to' reopen.
Petitioner appealed to the Board of Immigration Appeals (“BIA”). In addition to the argument made to the IJ, he contended that proceedings should be reopened pursuant to the BIA’s en banc decision in In re Velarde-Pacheco, 23…