Vyloha v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
Nos. 18-2290 & 18-3298 Cons.
Decision Date: 
July 10, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition denied

Bd. did not abuse its discretion in affirming IJ’s denial of alien’s motion to rescind removal in absentia order, where instant request to rescind came 10 years after removal order. While alien argued that he had no notice of removal hearing because of language barrier, IJ found that: (1) alien had been personally served with notice of removal hearing both orally and in writing; and (2) alien was not diligent in seeking to reopen case, where said motion was filed 10 years after removal order. Ct. rejected alien’s claim that he never understood notice of hearing, where IJ found that alien was comfortable speaking English at hearing when alien received oral and written notice of removal hearing. Also, alien’s claim that Bd. and IJ lacked subject-matter jurisdiction because original notice lacked specific date and time for removal hearing was untimely, since alien could have raised said claim prior to Pereira, 138 S.Ct. 2105, and alien otherwise could not show prejudice where he had been personally served with notice of time and date of removal hearing.