Barrios-Cantarero v. Holder, No. 13-60545 (5th Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Guatemala, sought review of the BIA's decision affirming the IJ's denial of his motion to reopen proceedings and rescind an in absentia removal order. The court concluded that, despite the high review bar, the BIA abused its discretion in denying petitioner's motion to reopen because insufficient notice of the removal proceedings entitled him to reopen proceedings at any time pursuant to 8 U.S.C. 1229a(b)(5)(C)(ii). The court rejected the government's argument that petitioner and his older brother's cases were consolidated, thus allowing the immigration court to address the letter to a single brother and still properly serve both of them with notice. The court also rejected the government's contention that notice addressed solely to the brother was proper since petitioner was under eighteen years old and his brother was an adult. Accordingly, the court granted the petition for review.
The court issued a subsequent related opinion or order on November 25, 2014.