· 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 CourtListenerSourced 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.