DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152987P.pdf 03/22/2017 Michael Alvarado-Arenas v. Jefferson B. Sessions, III
U.S. Court of Appeals Case No: 15-2987
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges]
Petition for Review - Immigration. The BIA did not abuse its discretion by
denying petitioner's motion to reopen; by statute, an order removing an
alien in absentia for failure to appear may only be rescinded if the
motion to reopen shows either that the alien's failure to appear was
because of exceptional circumstances or the alien did not receive proper
notice; assuming petitioner's alleged absence from the U.S. could be an
exceptional circumstance, the BIA reasonably concluded petitioner was in
the U.S. when the removal proceedings were commenced and thus had notice
of the proceedings.