Juan Valadez-Lara v. William P. Barr


RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 20a0192p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JUAN RAMON VALADEZ-LARA, ┐ Petitioner, │ │ > No. 19-4013 v. │ │ │ WILLIAM P. BARR, Attorney General, │ Respondent. │ ┘ On Petition for Review from the Board of Immigration Appeals; No. A079-012-369. Decided and Filed: June 26, 2020 Before: BATCHELDER, STRANCH, and MURPHY, Circuit Judges. _________________ COUNSEL ON BRIEF: Kim K. Alabasi, ALABASI & ASSOCIATES CO., LPA, Cleveland, Ohio, for Petitioner. Kathryn M. McKinney, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________ OPINION _________________ MURPHY, Circuit Judge. In 2003, 15-year-old Juan Ramon Valadez Bonilla came to the United States illegally. When Valadez did not appear at his removal hearing, an immigration judge ordered him removed in his absence. In 2019, after the government charged him with illegal reentry, Valadez sought to rescind his earlier removal order on the ground that he had not received notice of his hearing. The Board of Immigration Appeals found that Valadez failed to prove the lack of notice, relying on his long delay in seeking to rescind the removal order after No. 19-4013 Valadez-Lara v. Barr Page 2 he learned of it. Because the Board did not abuse its discretion in reaching this conclusion, we must deny Valadez’s petition for review. I Valadez (who appears to have been mistakenly identified as Valadez-Lara rather than Valadez Bonilla in his immigration proceedings) was born in Mexico in March 1988. Since that time, his father has worked as a migrant farmworker in the United States. In early 2003, a year after his mother died, Valadez illegally came to the United States at the age of 15 to be with his father. Valadez’s aunt and uncle allowed the boy to stay with them in Lorain, Ohio, because of the nature of his father’s job. A few months later, however, police charged him with drunk and disorderly conduct. That charge drew the attention of the immigration authorities, who took custody of Valadez. On May 13, 2003, immigration authorities released Valadez into the care of his aunt and uncle at their home on Toledo Avenue in Lorain. Valadez identified their address as the place at which he would be staying. The same day, immigration authorities personally served Valadez with a notice to appear. The notice charged him with being subject to removal from the United States and indicated that he must appear before an immigration judge “on a date to be set at a time to be set.” Valadez signed a certificate of service admitting he had received personal service of this notice to appear. After Valadez’s release, immigration authorities mailed multiple notices about his upcoming removal hearing to his aunt and uncle’s address. On May 27, 2003, they mailed a notice of a removal hearing set for November 7, 2003. On September 2, 2003, they sent another notice identifying a new hearing date: November 8, 2004. A third notice, sent on November 9, 2004, ...

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