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SALTA v. I.N.S.

No. 01-71537.

314 F.3d 1076 (2002)

Regina SALTA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2002.

Attorney(s) appearing for the Case

Ted Laguatan, Law Offices of Ted Laguatan and Associates, Daly City, CA, for the petitioner.

Ernesto Molina (argued) and John D. Williams, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: BRIGHT, HAWKINS and W. FLETCHER, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We must determine whether the Board of Immigration Appeals ("BIA") erred in applying presumptions and burdens of proof tailored to a statute requiring notice by certified mail, where notice was given pursuant to an amended version of the statute allowing the use of regular mail. Because we determine that Petitioner's lack of notice claim should be considered at an evidentiary hearing applying standards attuned to the amended statute...

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