Does the Bureau of Investigation (BIA) have the authority to refuse to reopen a motion to reopen proceedings on the basis of lack of notice?
MultiRegion, United States of America
The following excerpt is from Wang v. Holder, Agency No.A079-629-999, Agency No. A079-630-000, No. 07-72018 (9th Cir. 2011):
The BIA did not abuse its discretion in declining to reopen the proceedings on the basis of lack of notice. The notice sent to the most recent address provided by petitioner was sufficient to satisfy the notice requirements of 8 U.S.C. 1229(a)(2)(A). See Popa v. Holder, 571 F.3d 890, 897-98 (9th Cir. 2009).
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