Hernandez Velasquez v. Holder (PUB)
July 14, 2010
**Change of address form, notice/”presumption of mailing, MTR”**
The BIA abused its discretion in failing to discuss Hernandez’s declaration and the attached photocopied Change of Address form in its decision, thereby failing to consider the“weight and consequences” of that evidence in its denial of her motion to reopen. The BIA was required to undertake such an analysis before ruling on the veracity of both Hernandez’s claim that she mailed a Change of Address form and her claim that she did not receive notice from the BIA of its decision.
http://www.ca9.uscourts.gov/datastore/opinions/2010/07/14/06-75728.pdf
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