Thompson v. Lynch, No. 14-3899 (6th Cir. 2015)
Annotate this CaseThompson, a native of Jamaica, was arrested by Cleveland police in 1999 because he was present at a house during a controlled drug delivery. He was placed under an immigration detainer. He received personal service, which he signed, listing his address on E. 126 Street and informing him about his responsibility to inform immigration authorities about any address changes and the consequences for failure to appear. A hearing notice was mailed to the E. 126 Street address. It was not returned by the Postal Service. Following a hearing at which Thompson failed to appear, an Immigration Judge ordered him removed. A copy of the removal order was mailed to the E. 126 Street address and was not returned. More than 14 years later, Thompson moved to rescind his removal order, claiming that the INS officer who interviewed him in jail told him that the house was a “drug house,” and that he should move to a different house, so that it was error for the INS officer to list the E. 126 Street address on the Notice to Appear. The IJ denied the motion. The BIA affirmed, noting that Thompson failed to “fulfill his obligation to report his address change.” The Sixth Circuit denied a petition for review.
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