Gurung v. Ashcroft

How courts have described this case

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

• holding that a statement denying receipt is insufficient to defeat presumption of delivery where a subsequent notice is received at the same address
• holding that to demonstrate non-receipt of notice, “[a] petitioner must present ‘substantial and probative evidence ... demonstrating that there was improper delivery or that nondelivery was not due to the respondent’s failure to provide an address where he could receive mail.’ ”
• “[T]he principles [that cases involving certified mail] espouse regarding the alien’s burden to refute the presumption of notice apply also to notice by regular mail . . . .”
• “A notice to appear is sufficient, both for due process and statutory purposes, if it is sent by regular mail to an alien’s contact address of record”; “the alien must overcome the presumption of due receipt raised by the evidence of mailing”

Source: CourtListener parenthetical corpus (CC0).