MUNOZ-SANTOS
Citations
- 20 I. & N. Dec. 205
Syllabus
MUNOZ-SANTOS, 20 I&N Dec. 205 (BIA 1990) ID 3136 (PDF) (1) Where the Order toShow Cause, Notice of Hearing, and arrant for Arrest of Alien (Form I-221S)reflects that the respondent signed various portions of the form, thatvarious rights forms and advisories had been served on the respondent,and that an officer of the Immigration and Naturalization Service signedthe portion of the document certifying service, it may be assumed thatthe Order to Show Cause was served personally on the respondent, in compliancewith 8 C.F.R. § 242.1(c) (1990). (2) Personal serviceof a notice of a hearing date is not required for the immigration judgeto conduct a deportation hearing in absentia where the respondent failsto appear for a scheduled hearing. (3) Where the immigrationjudge concludes that notice of a hearing date has been sufficiently providedto a respondent, and the respondent without reasonable cause fails toappear, the immigration judge may conduct an in absentia deportation hearing.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- incarceration of defendant who obtained negotiated plea for minimum statutory sentence of two to four years was not cruel and unusual punishment, although it was discovered during incarceration he was inflicted with AIDS with a life expectancy of twelve to eighteen months
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