Derezinski v. Mukasey

How courts have described this case

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

• stating that when receipt of notice is at issue, a sworn denial of having received notice makes the issue of receipt one of fact
• approving BIA’s reliance on lack of diligence to deny a motion to reopen that was not subject to a time limitation
• approving BIA’s reliance on lack of diligence to deny a motion to reopen that was not subject to a time limitation
• affirming BIA denial of motion to reopen where No. 21-1278 19 petitioner did not receive mail, because petitioner could have tracked down notice after post office said that certified mail had been returned to sender
• physical receipt of mail and evasion of delivery “would amount to the same thing”
• “The petitioner’s sworn denial was the only evidence of nonreceipt, and it was weak evidence” where the petitioner had been a fugitive for eleven years before finally being appre- hended during a traffic stop.

Source: CourtListener parenthetical corpus (CC0).