Torres Hernandez v. Lynch, No. 15-60116 (5th Cir. 2016)Annotate this Case
After petitioner was ordered removed in abstentia, he filed a motion to reopen on the basis that he was unaware that a notice to appear had been issued years earlier and he never received a notice of hearing. The BIA affirmed the IJ's denial of the motion. The court concluded that the BIA abused its discretion in denying the motion because it concluded that petitioner failed to rebut the presumption of notice without considering all relevant evidence. Accordingly, the court granted the petition for review and remanded to the BIA so that it may consider all relevant evidence offered by defendant to rebut the presumption of notice.