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· 6/6/1991

Larsen v. Potter

Citations

  • 174 A.D.2d 801

How courts have described this case

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

  • holding that once an alien is aware of his responsibility to keep his address updated, an Immigration Judge may proceed with the hearing and order the alien removed in absentia if he fails to appear
  • finding that an alien must be informed of his obligation to provide the court with a current address before an in absentia removal hearing ensues for failure to provide a current address
  • explaining that a petitioner can be charged with receiving proper notice where the notice “reaches the correct address but does not reach the [petitioner] through some failure in the internal 3 22-126 workings of the household”
  • stating that even “where actual notice is not accomplished, the statute will permit constructive notice when the alien is aware of the particular address obligations of removal proceedings and then fails to provide an address for receiving notices of hearing”
  • discussing the possible application of constructive notice where the alien fails to comply with her obligation under the INA to keep her address current
  • stating this principle in the context of a notice to appear

Source: CourtListener parenthetical corpus (CC0).

Judges: Mahoney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.