The petitioner was served with a Notice to Appear bearing an incorrect address - the name of his street was misspelled. The petitioner did not file a change of address form to correct the misspelling, though he claimed that he had provided the correct address to the immigration official. The Immigration Court mailed a notice of hearing to the misspelled address, the petitioner did not attend his hearing, and he was order removed in absentia. He later moved to reopen his proceedings, and his motion was denied.

The Fifth Circuit affirmed the agency’s decision. “An alien’s statutory obligation to keep the immigration court apprised of his current mailing address includes an obligation to correct any errors in that address listed on the NTA.”

The full text of Mauricio-Benitez v. Sessions can be found here:

http://www.ca5.uscourts.gov/opinions/pub/17/17-60792-CV0.pdf

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