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· 10/22/2007

Santana Gonzalez v. Attorney General of the United States

Citations

  • 506 F.3d 274
  • 2007 U.S. App. LEXIS 24672
  • 2007 WL 3052783

How courts have described this case

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

  • holding that a strong presumption of receipt applies when a notice from an Immigration Court is sent by certified mail
  • recognizing that a “strong presumption” of effective service arises when the notice is sent by certified mail, a presumption overcome only by substantial and probative evidence
  • explaining that a weaker presumption of delivery applies when a Notice of Hearing is sent by ordinary mail
  • stating alien may be able to rebut presumption of delivery where alien moved but had her “uncle, his wife and son regularly sen[d] [her] mail that was addressed to [her]”
  • strong presumption applies when service of notice of a deportation hearing is by certified mail and there is proof of attempted delivery

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Smith, Garth

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.