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Fifth Circuit Finds Affidavit Alone Insufficient to Establish Lack of Notice


December 30, 2024
by Sabrina Damast

The Fifth Circuit has determined that a non-citizen’s declaration alone is not sufficient to compel the agency to reopen a removal order based on lack of receipt of the notice of hearing.

The full text of Luna v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/21/21-60195-CV0.pdf

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Posted in New Case Law
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tagged with Fifth Circuit, notice, motion to reopen
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