CHAIDEZ v. GONZALES

No. 02-71966.

476 F.3d 773 (2007)

Rigoberto CHAIDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2007.


Attorney(s) appearing for the Case

Derek F. Foran (argued), Andrew Sabey, Claudia Vetési, and Brian Orion, Morrison & Foerster LLP, Walnut Creek, CA, for the petitioner.

Anh-Thu P. Mai (argued) and Stephen J. Flynn, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: BETTY B. FLETCHER and MARSHA S. BERZON, Circuit Judges, and DAVID G. TRAGER, District Judge.


BERZON, Circuit Judge.

Petitioner Rigoberto Chaidez entered the United States from Mexico in 1988. We are asked to decide whether Chaidez was properly served with an Order to Show Cause ("OSC") in 1994. In a precedential decision applying the statute in effect in 1994, the Board of Immigration Appeals ("BIA") held that proper service of an OSC occurred when written notice was sent by certified mail to the alien and the certified mail receipt was signed by the alien...

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