The Ninth Circuit has granted a petition for review filed by a Jamaican man twice granted withholding of removal by an immigration judge, holding that his due process rights were violated when the BIA mailed notice of two separate DHS appeals to detention addresses that DHS itself had informed the agency were incorrect, excluding him entirely from both appellate proceedings.
The Court held that once DHS notifies the BIA that a detained noncitizen's location differs from the address used for mailing, the government's failure to take any additional reasonable steps to locate him renders the notice constitutionally inadequate, and that the petitioner was prejudiced because he never had the chance to argue that his misdemeanor marijuana conviction was not categorically a drug-trafficking aggravated felony under the categorical approach.
The full text of Jacques v. Blanche can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/28/23-3015.pdf