Walid Aly Abola Ghounem v. John Ashcroft

How courts have described this case

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

• explaining that sworn statement that Petitioner did not receive the notice, along with prior affirmative application for immigration benefit and history of appearances in front of INS constituted sufficient evidence to 4 overcome presumption
• acknowledging the presumption, which is a weaker presumption than that accorded notice sent by certified mail
• while a strong presumption of effective delivery is appropriate where service is made by certified mail, a weaker presumption and lesser evidentiary requirements are appropriate where service is by regular mail
• “Where a petitioner actually initiates a proceeding to obtain a benefit, appears at an earlier hearing, and has no motive to avoid the hearing, a sworn affidavit ... should ordinarily be sufficient to rebut the presumption of delivery....”

Source: CourtListener parenthetical corpus (CC0).