Immigration Law

CA5 on Change of Address: Fuentes-Peña v. Barr

Fuentes-Peña v. Barr

"Because ICE is now responsible for providing the alien’s address to the immigration court when it files the NTA, we read 8 U.S.C. §1229, through the lens of 6 U.S.C. § 557, to require the alien to provide a change of address to ICE at least until the NTA has been filed with the immigration court. As such, by notifying ICE of her change of address before it filed the NTA with the immigration court, Fuentes-Pena satisfied her statutory obligation to provide notice of her change of address, and her failure to attend her removal hearing is excused. The BIA abused its discretion by refusing to reopen removal proceedings against her. In sum, we hold that the BIA abused its discretion in refusing to reopen Fuentes-Pena’s removal proceedings. Under these circumstances, Fuentes-Pena satisfied her obligation to provide her new address to the “Attorney General” by notifying ICE of her change of address. We VACATE the decision of the BIA and REMAND the case for further proceedings not inconsistent with this opinion."