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· 5/17/2007

Rigoberto Chaidez v. Alberto R. Gonzales, Attorney General

Citations

  • 486 F.3d 1079
  • 2007 U.S. App. LEXIS 11553
  • 2007 WL 1438455

How courts have described this case

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

  • holding that the signature on the OSC return receipt of an unknown individual at petitioner’s house failed to establish proper delivery to petitioner or a responsible person at his address
  • declining to address Jones in the context of who is a “responsible person[]” for the delivery of certified mail
  • requirement that OSC be delivered to “responsible person” at alien’s address does not extend to notices of hearing
  • higher standard for showing alien’s receipt of initial charging documents in deportation proceedings was justified, because aliens lack notice that they will receive initial documents at a particular address, unlike later-sent notices
  • service of an Order to Show Cause sent by certified mail is effective when the return receipt is signed by the alien or a responsible person at the alien’s address (emphasis added)
  • higher standard for showing alien’s receipt of initial charging documents in deportation proceedings was justified, because aliens lack notice that they will receive initial documents at a particular address, unlike later-sent notices

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Berzon, Trager

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.