In Dos Reis v. Holder, No. 09-2536, the First Circuit faced a challenge to an order of the BIA affirming an IJ's denial of a Brazilian petitioner's motion to reopen removal proceedings, claiming that his attorney failed to notify him of a scheduled hearing before the IJ.
As the court wrote: "In order for an alien to be entitled to reopen removal proceedings based on lack of notice, he must show, at a bare minimum, that he did not receive notice as provided in 8 U.S.C. section 1229(a)...The plaint language of the statute indicates that notice to an alien's counsel of record constitutes notice to the alien."
Thus, the petition for review is denied as the petitioner has not shown a lack of notice sufficient, under 8 U.S.C. section 1229a(b)(5)(C)(ii), to justify reopening his removal proceedings.
- Full text of Dos Reis v. Holder