APONTE v. HOLDER

No. 09-2408.

610 F.3d 1 (2010)

Yubelkys APONTE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided June 18, 2010.


Attorney(s) appearing for the Case

Brian Monahan, Jeff Ross, and Sidra Vitale on brief for petitioner.

Tony West, Assistant Attorney General, Civil Division, Anthony C. Payne, Senior Litigation Counsel, Office of Immigration Litigation, and Lindsay S. Williams, Attorney, Office of Immigration Litigation, on brief for respondent.

Before BOUDIN, LIPEZ, and THOMPSON, Circuit Judges.


THOMPSON, Circuit Judge.

Petitioner Yubelkys Aponte is a citizen of the Dominican Republic who seeks review of a decision of the Board of Immigration Appeals (BIA) denying her motion to reopen removal proceedings. Aponte argues that the BIA committed three errors: first, it provided inadequate notice of a briefing schedule by mailing the schedule to an incomplete address; second, it violated her right to due process by summarily dismissing her appeal on the basis...

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