Case: 18-10914 Date Filed: 02/19/2019 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-10914 Non-Argument Calendar ________________________ Agency No. A200-133-609 SARA FRANCISCA MOLINA-GUILLEN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (February 19, 2019) Before TJOFLAT, JORDAN, and GRANT, Circuit Judges. PER CURIAM: Case: 18-10914 Date Filed: 02/19/2019 Page: 2 of 12 Sara Molina-Guillen, pro se, seeks review of a Board of Immigration Appeals (“BIA”) decision denying her motion to reopen alien removal proceedings. Molina-Guillen contends, among other things, that the BIA abused its discretion in denying her motion as barred by the applicable time and number limitations for such motions. Upon review of the record and the parties’ briefs, we dismiss the petition in part and deny it in part. I. Molina-Guillen, a native and citizen of El Salvador, entered this country illegally on November 30, 2005. She was arrested, and in an interview with border patrol agents, she confessed to entering the United States without being admitted, inspected, or paroled into this country by immigration officials. She was personally served with a Notice to Appear (“NTA”), which charged her as subject to removal and directed her to appear in Atlanta before an immigration judge at a date and time “to be set.” The NTA informed Molina-Guillen that if she did not attend her hearing, the immigration judge could issue a removal order in her absence. Molina-Guillen provided an address in Tifton, Georgia where she could be contacted regarding her removal proceedings, and after being reminded orally— in Spanish—of the consequences of the failure to appear, she was released. 2 Case: 18-10914 Date Filed: 02/19/2019 Page: 3 of 12 On March 3, 2006, a Notice of Hearing (“NOH”) was mailed to Molina- Guillen at the Georgia address she had provided for that purpose, informing her that a master hearing in her removal proceedings had been scheduled to take place in Atlanta on July 27, 2006. On June 26, 2006, Molina-Guillen filed a motion for change of venue to New York City and a change-of-address form providing a new address in Jamaica, New York. In her motion, Molina-Guillen stated that she had moved to New York “a few days” earlier due to family matters. The motion for change of venue was denied on July 19, 2006. Molina-Guillen did not appear at the master calendar hearing on July 27, 2006. The immigration judge (“IJ”) conducted the hearing and issued a removal order in her absence, finding that Molina-Guillen was given notice of the time, date, and location of the hearing, and that evidence submitted by the government established Molina-Guillen’s removability. 1 The removal order indicates that copies of the order were sent to the government and to Molina-Guillen. Molina-Guillen was rearrested in November 2013. Two months later, she married a lawful permanent resident, and in December 2014, she filed her first 1 An alien subject to removal ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals