Santos-Santos v. Barr, No. 18-3515 (6th Cir. 2019)Annotate this Case
Santos-Santos, a citizen of Mexico, entered the U.S. without inspection in 1999. In 2000, he and his wife attempted to enter Canada but were denied admission and directed back to Port Huron, where they were questioned. Both admitted to entering the U.S. illegally. The Immigration and Naturalization Service personally served Santos-Santos with a notice to appear (NTA), charging him with inadmissibility and ordering him to appear for a hearing in Detroit. The NTA listed his Chicago address and indicated that the hearing date and time were “to be determined.” On May 24, the Detroit immigration court mailed a Notice of Hearing for October 20, to the Chicago address. Santos-Santos failed to appear and was ordered removed in absentia. The order was mailed to the same address. Santos-Santos claims he did not receive that order. In 2018, Santos-Santos moved to reopen the in absentia order, stating he did not receive any notices after the NTA. The BIA upheld the denial of the motion, finding no evidence that the mailings were returned to the immigration court; Santos-Santos did not argue that the notice was addressed incorrectly or that he was having mail delivery problems or report any efforts to determine the status of his proceedings during 17 years before his motion. The Sixth Circuit denied a petition for review. Santos-Santos failed to rebut the presumption of delivery.