Maldonado-Padilla v. Holder

by Mark Fleming

Maldonado-Padilla v. Holder (2nd Cir., June 24, 2011)
JACOBS (in chambers)

Summary:  Petitioner was apprehended while entering the United States and was served with an Order to Show Cause and instructed to keep her mailing address up-to date.  Petitioner gave an address in New Jersey, where notice of her hearing date was mailed but returned because she had moved. Petitioner was ordered remove in absentia by an IJ sitting in Texas.  Fifteen years later, petitioner sought to reopen her case based on her failure to receive notice of the hearing.  The agency denied the motion and petitioner appealed to the Second Circuit.  Based on a single-judge motion, the Second Circuit determined that exclusive appellate jurisdiction under 8 U.S.C. § 1252(b)(2) resided with the Fifth Circuit and denied petitioner’s motion for a temporary stay while the transfers was effectuated.

Read the opinion here.