Aimee Nibagwire v. Alberto R. Gonzales, Attorney General

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that filing an application for asylum is evidence that “rebut[s] the presumption that regular mail is delivered” and helps “prove that [the alien] did not receive the notice to appear”
• holding that filing an application for asylum is evidence that “rebut[s] the presumption that regular mail is delivered” and helps “prove that [the alien] did not receive the notice to appear”
• finding that where the Notice to Appear was sent to the alien by regular mail, the Board erred by applying the delivery presumption for certified mail and by holding the alien to the evidentiary standard for rebutting that presumption
• explaining that regular mail service has been permitted since 1996
• evidence that the petitioner (1) had already “initiat[ed] a proceeding to obtain a benefit” by “fil[ing] an application for asylum with the DHS,” (2) had appeared “for her scheduled interview with an asylum officer,” and (3
• “When certified mail is used, the Postal Service’s delivery efforts are documented: there is a return receipt or written proof of attempted delivery and notification to the addressee of certified mail.”

Source: CourtListener parenthetical corpus (CC0).