PEUGNET

Citations

• 20 I. & N. Dec. 233

Syllabus

PEUGNET, 20 I&N Dec. 233 (BIA 1991) ID 3142 (PDF) (1) The definition of the terms \routine service\ and \personal service\provided by 8 C.F.R. §103.5a(a) (1990) only applies to administrativeproceedings before Immigration and Naturalization Service officers andconsequently is not directly or formally applicable to defining the terms\routine\ and \personal\ service as used in 8 C.F.R.§ 242.1(c) (1990) regarding the proper service on an alien of anOrder to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien(Form I-221S) as a means of instituting deportation proceedings. (2) In interpreting theterms \routine\ and \personal\ service as used in8 C.F.R. § 242.1(c) (1990), the Board of Immigration Appeals willuse the definition provided in 8 C.F.R. § 103.5a(a) (1990) as guidanceand adopt that definition in total, given that 8 C.F.R. § 103.5a(a)(1990) previously applied in defining \routine\ versus \personal\service of an Order to Show Cause and there exists no currently applicableregulation defining these terms for purposes of 8 C.F.R. §242.1(c)(1990). (3) For purposes of defining\routine\ and \personal\ service within the meaningof 8 C.F.R. §242.1(c) (1990), routine service consists of mailinga copy of a document by ordinary mailaddressed to a person at his lastknown address, while personal service, which shall be performed by a governmentemployee, consists of any of the following, without priority or preference:delivery of a copy personally delivery of a copy at a person's dwellinghouse or usual place of abode by leaving it with some person of suitableage and discretion delivery of a copy at the office of an attorney orother person, including a corporation, by leaving it with a person incharge mailing a copy by certified or registered mail, return receiptrequested, addressed to a person at his last known address. (4) An alien's deportationhearing may not proceed in absentia where the Order to Show Cause is sentto the alien's address by regular mail and is not