Aragón-Muñóz v. Mukasey, 1st Cir. Mar. 21, 2008
06-2776 Aragón-Muñóz v. Mukasey
Before Torruella, Lynch, and Lipez, Circuit Judges.
LIPEZ, Circuit Judge. Sergio Armando Aragón-Muñóz, a citizen of Guatemala, seeks review of the order of the Board of Immigration Appeals (”BIA” or “Board”) denying his motion to reopen his removal proceedings. On May 25, 2000, after Aragón-Muñóz failed to appear at a hearing on his removability and asylum claim, the Immigration Judge (”IJ”) ordered him removed in absentia. More than four years later, Aragón-Muñóz filed a motion to reopen on the ground that he had not received the Notice to Appear (”NTA”) because he had moved to Arizona. He further argued that even if he had received the NTA, the notice was insufficient because he was entitled to an oral warning in Spanish, his native language, of the consequences of failing to appear.
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The IJ denied his motion to reopen without issuing an opinion. Aragón-Muñóz appealed to the BIA, which remanded the case for a full explanation of the reasons for the denial. In response, the IJ entered a decision explaining that Aragón-Muñóz had failed to adduce any evidence that he had changed his address. The BIA affirmed, elaborating on the lack of evidence in the record. We deny Aragón-Muñóz’s petition for review. … Aragón-Muñóz v. Mukasey.
