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9th Cir: FedReg notice of CAT reopening sufficient for DP purposes Print E-mail
Thursday, 10 July 2008

Williams v. Mukasey (9th Cir. 7/9/08)

GRABER Wallace Timlin (dct)

The Petitioner had an outstanding removal order - he was in prison when the CAT was implemented, and did not discover the federal regulations giving him an opportunity to reopen his case for CAT relief.  He argued that Due Process / Mullane required that the Govt give him actual notice. The CtApp published to "clarify that the general rules concerning adequacy of notice through publication in the Federal Register apply in the immigration context." CtApp did distinguish other cases where there was an allegation of a lack of a law library or legal materials, or an argument for equitable tolling.

Read opinion here: 

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.
 
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