Sang Jeon v. William Barr, U. S. Atty Gen

Case: 18-60429 Document: 00515193739 Page: 1 Date Filed: 11/08/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-60429 FILED November 8, 2019 Lyle W. Cayce SANG HUI JEON, Clerk Petitioner, v. WILLIAM P. BARR, U.S. ATTORNEY GENERAL, Respondent. Petition for Review of the Order of the Board of Immigration Appeals BIA No. A029 943 276 Before ELROD, WILLETT, and OLDHAM, Circuit Judges. PER CURIAM:* Each year, tens of thousands of undocumented immigrants are released on their own recognizance. Many attend their immigration court hearings. Ms. Jeon did not, and the Government issued a deportation order in her absence. She petitions, for the second time, for review of an order by the Board of Immigration Appeals (“BIA”) refusing to reopen her deportation proceedings. For the second time, we deny relief. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-60429 Document: 00515193739 Page: 2 Date Filed: 11/08/2019 No. 18-60429 I. In Jeon v. Holder (“Jeon I”), 354 F. App’x 50 (5th Cir. 2009), we summarized the circumstances leading up to Ms. Jeon’s first motion to reopen: Jeon is a native and citizen of South Korea. On October 20, 1990, Immigration and Naturalization Service (“INS”) agents arrested Jeon at the El Paso International Airport because she entered the United States without inspection. Jeon was personally served with an “Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien” (“OSC”) ordering Jeon to appear for a hearing before an immigration judge “at a time and date to be set later.” The OSC listed the address Jeon provided—that of a relative in New Jersey—and advised Jeon that “[f]ailure to attend the hearing at the time and place designated hereon may result in a determination being made by the Immigration Judge in your absence.” Jeon was thereafter released on her own recognizance. On November 13, 1990, the Office of the Immigration Judge sent a Notice of Master Calendar Hearing (“notice”) via ordinary mail to Jeon at the New Jersey address she provided. Jeon did not appear at the hearing and a deportation order was entered against her in absentia. On December 5, 1990, the Office of the immigration judge also sent a copy of the deportation order via ordinary mail to Jeon at the New Jersey address. The record indicates that INS correspondence sent to the New Jersey address via certified mail on January 31, 1991 was returned undeliverable. Id. at 52. In Jeon I, Ms. Jeon revealed that she remained at the New Jersey address “for only one week after her release in El Paso, [and] thereafter moved to New York.” Id. But she claimed that the deportation hearing and order notices never reached her or the New Jersey address, and requested that the BIA reopen the proceedings. The BIA declined. Id. We dismissed ...

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