Carissa Ann Marie Dominguez v. U.S. Attorney Gen., 284 F.3d 1258 (11th Cir. 2002). · Go Syfert
Carissa Ann Marie Dominguez v. U.S. Attorney Gen., 284 F.3d 1258 (11th Cir. 2002). Cases Citing This Book View Copy Cite
“failing to provide the ins with a change of address will preclude the alien from claiming that the ins did not provide him or her with notice of a hearing.”
90 citation events (88 in the last 25 years) across 9 distinct courts.
Strongest positive: Abdoulaye Ly v. Eric H. Holder, Jr. (ca6, 2009-05-20)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Abdoulaye Ly v. Eric H. Holder, Jr. (2×) also: Cited as authority (rule)
6th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
failing to provide the ins with a change of address will preclude the alien from claiming that the ins did not provide him or her with notice of a hearing.
discussed Cited as authority (verbatim quote) Tao Lin v. U.S. Attorney General (2×) also: Cited as authority (rule)
11th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an alien has an affirmative duty to provide the government with a correct address
cited Cited as authority (rule) Christiane Lima Da Conceicao v. U.S. Attorney General
11th Cir. · 2022 · confidence medium
Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir. 2002).
cited Cited as authority (rule) Leonso Oqueli Reyes-Games v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260-61 (11th Cir. 2002).
discussed Cited as authority (rule) Patrick Osuji v. Merrick B. Garland
8th Cir. · 2021 · confidence medium
See 8 U.S.C. §§ 1229 (a)(1)(F), 1305(a); Sousa v. Ashcroft, 393 F.3d 271, 275 (1st Cir. 2005); -2- Voloti v. U.S. Att’y Gen., 134 F. App’x 377 , 378–79 (11th Cir. 2005) (unpublished) (citing Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir. 2002)).
cited Cited as authority (rule) Pascual-Francisco v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir. 2002).
cited Cited as authority (rule) Edwin Oqueli Cabrera-Oliva v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (per curiam).
cited Cited as authority (rule) Natoya Rosswest v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) Mujo Adovic v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
“Due process is satisfied so long as the method of notice is conducted in a manner reasonably calculated to ensure that notice reaches the alien.” Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1259 (11th Cir.2002) (internal quotation marks omitted).
examined Cited as authority (rule) Edwin Gustavo Molina-Avelar v. U.S. Attorney General (4×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2013 · confidence medium
INA § 265(a), 8 U.S.C. § 1305 (a); Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002).
discussed Cited as authority (rule) Lawrence Melchoir Fanfair v. U.S. Attorney General
11th Cir. · 2011 · confidence medium
“Due process is satisfied so long as the method of notice is conducted in a manner reasonably calculated to ensure that notice reaches the alien.” Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1259 (11th Cir.2002) (quotation omitted).
discussed Cited as authority (rule) Carrera v. U.S. Attorney General (2×) also: Cited "see, e.g."
11th Cir. · 2011 · confidence medium
Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002).
discussed Cited as authority (rule) Youn Mun Hee v. U.S. Attorney General (2×) also: Cited "see"
11th Cir. · 2010 · confidence medium
Thus, we have jurisdiction to review Hee’s claim that he failed to appear because he did not receive valid notice of the hearing. 5 alien.” U.S. Att’y Gen. v. Dominguez, 284 F.3d 1258, 1259 (11th Cir. 2002) (quotations marks omitted) (concluding that a handwritten note that an alien was “staying with” her cousin at a particular address did not satisfy the requirement to provide the Attorney General with written notice of a change of address).
discussed Cited as authority (rule) Diego Diego-Martin v. U.S. Attorney General (2×)
11th Cir. · 2008 · confidence medium
Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) Victor Tyrone Belle v. U.S. Attorney General
11th Cir. · 2008 · confidence medium
In Dominguez v. United States Att’y Gen., 284 F.3d 1258, 1260-61 (11th Cir.2002), we held that “[t]he statute clearly provides that notice to the alien at the most recent address provided by the alien is sufficient notice, and that there can be an in absentia removal after such notice.” We concluded that “[flailing to provide the [DHS] with a change of address will preclude the alien from claiming that the [DHS] did not provide him or her with notice of a hearing.” Id. (noting that the alien had provided no proof that a handwritten notation of her alleged current address was made par…
discussed Cited as authority (rule) M-R-A
BIA · 2008 · confidence medium
But see Gurung v. Ashcroft, 371 F.3d 718, 721-22 (10th Cir. 2004) (holding that a Notice to Appear sent by regular mail to an alien’s contact address of record is reasonably calculated to provide notice, and that the conclusory statement of not receiving notice is insufficient to carry the burden of proof in light of the presumption to the contrary); Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1259 (11th Cir. 2002) (stating that “[d]ue process is satisfied so long as the method of notice is conducted ‘in a manner 672 Cite as 24 I&N Dec. 665 (BIA 2008) Interim Decision #3628 “reasona…
discussed Cited as authority (rule) Sogjinder Singh v. U.S. Attorney General
11th Cir. · 2007 · confidence medium
We have found due process satisfied if the method of notice is conducted “in a manner reasonably calculated to ensure that notice reaches the alien.” Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1259 (11th Cir.2002) (emphasis added).
discussed Cited as authority (rule) Kenard Dwight Johnson v. U.S. Attorney General
11th Cir. · 2007 · confidence medium
“Due process is satisfied so long as the method of notice is conducted in a manner ‘reasonably calculated’ to ensure that notice reaches the alien.” Dominguez v. U.S. Attorney General, 284 F.3d 1258, 1259 (11th Cir.2002).
discussed Cited as authority (rule) Janio Claudir Cavilha v. U.S. Attorney General
11th Cir. · 2006 · confidence medium
In addition, “[sjerviee by mail ... shall be sufficient if there is proof of attempted delivery to the last address provided by the alien....” INA § 239(c), 8 U.S.C. § 1229 (c); Dominguez v. United States Att’y Gen., 284 F.3d 1258, 1259-60 (11th Cir.2002).
discussed Cited as authority (rule) Eloidio Ricardo Castillo v. U.S. Attorney General
11th Cir. · 2006 · confidence medium
This evidences compliance with § 1229(a)(2)(A), which permits service of such a notice “by mail ... to the alien’s counsel of record.” 8 U.S.C. § 1229 (a)(2)(A); cf. 8 U.S.C. § 1229 (c); Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (per curiam) (stating that under § 1229(c), a § 1229(a) notice “is effective if sent to the ‘last address provided by the alien’ ”).
cited Cited as authority (rule) Lopez, Brigida v. Gonzales, Alberto
7th Cir. · 2006 · confidence medium
Gen., 284 F.3d 1258, 1260-61 (11th Cir.2002) (finding that lack of evidence as to when alien alerted INS of purported move supported denial of motion to reopen).
discussed Cited as authority (rule) Mohammed Shawkat Haider v. Alberto Gonzales, Attorney General of the United States of America, 1 (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
“Due process is satisfied so long as the method of notice is conducted in a manner reasonably calculated to ensure that notice reaches the alien.” Dominguez, 284 F.3d at 1259 (quotation marks and citations omitted); see Mullane v. Cent.
discussed Cited as authority (rule) Mohammed S. Haider v. John Ashcroft (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
"Due process is satisfied so long as the method of notice is conducted in a manner reasonably calculated to ensure that notice reaches the alien." Dominguez, 284 F.3d at 1259 (quotation marks and citations omitted); see Mullane v. Cent.
discussed Cited as authority (rule) Iolyn Agata McEnough-Watson v. U.S. Atty. Gen.
11th Cir. · 2005 · confidence medium
We have recognized that “[t]he statute clearly provides that notice to the alien at the most recent address provided by the alien is sufficient notice, and that there can be an in absentia removal after such notice.” Dominguez v. United States Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (per curiam).
examined Cited as authority (rule) Dritan Voloti v. U.S. Attorney General (3×) also: Cited "see"
11th Cir. · 2005 · confidence medium
Thus, “[t]he statute *379 clearly provides that notice to the alien at the most recent address provided by the alien is sufficient notice, and that there can be an in absentia removal after such notice.” Dominguez v. U.S. Attorney Gen., 284 F.3d 1258, 1260 (11th Cir.2002).
discussed Cited as authority (rule) Kalpana S. Joshi v. John Ashcroft, Attorney General of the United States
7th Cir. · 2004 · confidence medium
Nazarova v. INS, 171 F.3d 478, 483 (7th Cir.1999); Dominguez v. Attorney General, 284 F.3d 1258, 1260 (11th Cir.2002); Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997); In re M-D-, 23 I. & N. Dec. 540 (BIA 2002); cf. Dusenbery v. United States, 534 U.S. 161, 170 , 122 S.Ct. 694 , 151 L.Ed.2d 597 (2002); Khan v. Ashcroft, 374 F.3d 825, 828-29 (9th Cir.2004).
discussed Cited as authority (rule) Joshi, Kalpana S. v. Ashcroft, John
7th Cir. · 2004 · confidence medium
Nazarova v. INS, 171 F.3d 478 (7th Cir. 1999); Dominguez v. Attorney General, 284 F.3d 1258, 1260 (11th Cir. 2002); Farhoud v. INS, 122 F.3d 794, 796 (9th Cir. 1997); In re M-D-, 23 I. & N. Dec. 540 (BIA 2002); cf. Dusenbery v. United States, 534 U.S. 161, 170 (2002); Khan v. Ashcroft, 374 F.3d 825 (9th Cir. 2004).
cited Cited as authority (rule) Conteh v. Ashcroft
4th Cir. · 2004 · confidence medium
Gen., 284 F.3d 1258, 1260 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Wilfredo Antonio Zelaya (2×) also: Cited "see, e.g."
11th Cir. · 2002 · confidence medium
Appellant was responsible for keeping the INS informed of his current address, see 8 U.S.C. § 1305 (a); Dominguez v. United States Attorney Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (per curiam), and does not dispute that the INS sent him a notice by certified mail to the last address submitted by him.
discussed Cited "see" Martha Isabel Rosales-Mendez v. U.S. Attorney General
11th Cir. · 2024 · signal: see · confidence high
The implementing regulation states that if USCA11 Case: 22-13164 Document: 34-1 Date Filed: 06/20/2024 Page: 14 of 14 14 Opinion of the Court 22-13164 the address on the notice to appear is “incorrect, the alien must pro- vide to the Immigration Court . . . a written notice of an address and telephone number at which the alien can be contacted.” 8 C.F.R. § 1003.15 (d)(1) (emphasis added); see Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir. 2002) (stating, in a case involv- ing an alien’s failure to update her address after moving, that the “alien has an affirmative duty…
discussed Cited "see" Andrei Dragomirescu v. U.S. Attorney General
11th Cir. · 2022 · signal: see · confidence high
See id. at 1259–61 (noting that USCA11 Case: 20-13705 Date Filed: 08/16/2022 Page: 12 of 16 12 Opinion of the Court 20-13705 To recap: as a general rule, an alien may be removed in absentia if he received notice of the time and place of his removal hearing and then failed to attend.
cited Cited "see" Sara Francisca Molina-Guillen v. U.S. Atorney General
11th Cir. · 2019 · signal: see · confidence high
See Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir. 2002). 3 Case: 18-10914 Date Filed: 02/19/2019 Page: 4 of 12 motion to reopen the removal proceedings.
cited Cited "see" Rosa Amelia Reyes-Almendarez v. U.S. Attorney General
11th Cir. · 2014 · signal: see · confidence high
See Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (“[Notice [mailed] to the alien at the most recent address provided by the alien is sufficient notice” for in absentia removal.).
discussed Cited "see" Ricardo Barrios v. U.S. Attorney General
11th Cir. · 2012 · signal: see · confidence high
See Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (“Failing to provide the [DHS] with a change of address will preclude the alien from claiming that the INS did not provide him or her with notice of a hearing.”).
discussed Cited "see" Jin Can Gao v. U.S. Attorney General
11th Cir. · 2011 · signal: see · confidence high
Id. § 242B (c)(1), 8 U.S.C. § 1252b(c)(1) (1994); see Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1259-60 (11th Cir.2002) (holding that, under current statutory notice requirements, notice of a hearing sent to the most recent address on file constitutes sufficient notice).
discussed Cited "see" Emilio Monroy v. United States Attorney General
11th Cir. · 2010 · signal: see · confidence high
Id.; see Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1259-60 (11th Cir.2002) (holding that, under current statutory notice requirements, notice of a hearing sent to the most recent address on file is sufficient notice); see also Chaidez v. Gonzales, 486 F.3d 1079, 1083-84 (9th Cir.2007) (noting that there is a more stringent requirement for service of the OSC than for subsequent hearing notices, because once an alien is properly served with an OSC, he has notice that he is subject to deportation proceedings and will later be notified of the scheduled hearing) (persuasive authority).
discussed Cited "see" Ormidia Cruz Pereira v. U.S. Atty. General (2×) also: Cited "see, e.g."
11th Cir. · 2005 · signal: see · confidence high
See Dominguez v. United States Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (citing 8 U.S.C. § 1229 (c)) (stating that written notice mailed to last address provided by alien satisfies statutory requirements and due process, and that “there can be an in absentia removal after such notice”).
discussed Cited "see" Gurung v. Ashcroft
10th Cir. · 2004 · signal: see · confidence high
See Dominguez v. United States Attorney Gen., 284 F.3d 1258, 1259-60 (11th Cir.2002) (holding that an alien’s due process rights were not violated when the INS sent a notice of a removal hearing by regular mail to an address that the alien had provided several years earlier); Fuentes-Argueta v. INS, 101 F.3d 867 , 872 (2d Cir.1996) (per curiam) (finding no per se due process violation where notice of deportation proceedings was returned unclaimed); United States v. Estrada-Trochez, 66 F.3d 733 , 735-36 & n. 1 (5th Cir.1995) (due process satisfied where notice of deportation hearing, sent to …
discussed Cited "see, e.g." Caridad Jerez De Garcia v. U.S. Attorney General
11th Cir. · 2007 · signal: see also · confidence medium
Id. § 1252b(c)(2); see also Dominguez v. U.S. Att’y Gen., 284 F.3d 1258, 1260 (11th Cir.2002) (explaining that “an alien has an affirmative duty to provide the government with a correct address” and that “[flailing to provide the INS with a change of address will preclude the alien from claiming that the INS did not provide him or her with notice of a hearing”); In re Grijalva, 21 I. & N. Dec. 27, 33-34, 37 (BIA 1995) (concluding that proof of actual service was not required where the notice of the hearing was sent to the alien’s last known address as provided by the alien *819 an…
Retrieving the full opinion text from the archive…
Carissa Ann Marie DOMINGUEZ, Petitioner-Appellant,
v.
UNITED STATES ATTORNEY GENERAL, Immigration and Naturalization Service, Respondents-Appellees
01-14658.
Court of Appeals for the Eleventh Circuit.
Mar 8, 2002.
284 F.3d 1258
Carissa Ann Marie Dominguez, Oceanside, CA, pro se., Emily Anne Radford James A. Hunolt, U.S. Dept, of Justice/Civil Div./Office of Immigration Litigation, Washington, DC, for Respondents-Appellees.
Anderson, Carnes, Hull, Per Curiam.
Cited by 50 opinions  |  Published
PER CURIAM:

Carissa Ann Marie Dominguez is a Jamaican citizen whose non-immigrant visitor visa expired on January 25, 1991. In September 1997 Dominguez applied for lawful permanent status. That status was denied in March 2000, at which time removal proceedings were initiated. On September 19, 2000, notice to appear at the November 14, 2000 removal proceeding was mailed to Dominguez at a Jacksonville, North Carolina address. She does not deny that the address to which the notice was sent was the address which she had given the INS in her formal submission.

Dominguez did not appear at the removal hearing, and was ordered removed in absentia on November 14, 2000. On November 24, 2000, she moved to reopen that decision, claiming that she had not received constitutionally sufficient notice. The court denied that motion, noting that she had no proof, other than an uncorroborated affidavit, that she did not receive notice. Dominguez appealed the immigration judge’s denial of her motion to reopen her case to the Board of Immigration Appeals (BIA). The BIA subsequently dismissed that appeal. It is from the BIA’s dismissal that she now appeals.

We review the BIA’s denial of a motion to reopen a deportation order for abuse of discretion. Anin v. Reno, 188 F.3d 1273, 1276 (11th Cir.1999).

Dominguez contends that the notice afforded her violated due process, and therefore the deportation order should be rescinded. The record reveals that written notice of the hearing was sent to the address most recently provided by Dominguez. Dominguez asserts, however, that the INS could have sent the notice to her sister, whose address she gave to INS agents during an oral interview in 1997. Supporting her assertion, Dominguez proffered a sheet allegedly coming from her INS file which she obtained in a Freedom of Information Act request; the sheet revealed a handwritten note as follows:

staying with cousin'—
Staying in California
1608 Bragmont Street
Cohena, CA 91722

Dominguez argues that this handwritten note should have been sufficient to put the INS on notice that they needed to send notice to another address.

We disagree. Due process is satisfied so long as the method of notice is conducted “in a manner ‘reasonably calculated’ to ensure that notice reaches the alien”. Id. at 1278, citing Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 318, 70 S.Ct. 652, 94 L.Ed. 865 (1950). The INS has a duty to provide written notice to those appearing before it in a hearing. 8 U.S.C. § 1229(a)(1). Section 1229(a)(1) provides in relevant part:

In removal proceedings under section 1229a of this title, written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following:
(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings un[*1260] der section 1229a of this title [removal proceedings].
(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.

8 U.S.C. § 1229(a)(1).

Pursuant to 8 U.S.C. § 1229(c), the notice specified in § 1229(a) is effective if sent to the “last address provided by the alien.” [1] Indeed, an alien has an affirmative duty to provide the government with a correct address; under 8 U.S.C. § 1305(a), [2] the alien must notify the attorney general within ten days from the date of a change of address. See also 8 C.F.R. § 265.1. [3] Failing to provide the INS with a change of address will preclude the alien from claiming that the INS did not provide him or her with notice of a hearing. See 8 U.S.C. § 1229a(5)(B) (“No written notice shall be required ... if the alien has failed to provide the address required under section 1229(a)(1)(F) of this title”).

In addition to those clear statutory requirements, we also recognize the Fifth Circuit’s decision in United States v. Estrada-Trochez, 66 F.3d 733 (5th Cir.1995), in which that court held that notice sent to the alien’s last known address satisfied due process, even though the alien argued that the INS could have easily notified his family. Id. at 736. As the Fifth Circuit recognized, it is the alien’s statutory duty to notify the government of each change of address within ten days of the date of that change. 8 U.S.C. § 1305(a). The Fifth Circuit concluded: the “ultimate fault lies with the Appellant for [her] failure to comply with a law that is essential to the administration of the INS.” Estrada-Trochez, 66 F.3d at 736.

The statute clearly provides that notice to the alien at the most recent address provided by the alien is sufficient notice, and that there can be an in absentia removal after such notice. [4] It is clear that the notice of the November 14, 2000 hearing was properly sent to the most recent address provided in writing by Dominguez pursuant to the foregoing statutory requirements. The handwritten note relied upon by Dominguez does not satisfy the statutory requirement that the notice be in writing. Moreover, the record does not support Dominguez’s argument that the handwritten note proved even an informal notice to INS of her address as of the INS’s September 19, 2000 notice to her scheduling the November 14, 2000 hearing. At best, the note merely suggested that Dominguez was staying at that California address at that particular time in November 1997, not that she was residing there; Dominguez’s own assertion is that she[*1261] moved from her Jacksonville, North Carolina address in March 1999; also, there is no proof as to when the handwritten note was made a part of Dominguez’s file, or if it was there as of September 2000; finally, the address on the handwritten note is different from the address in her notice of appeal. We readily conclude that Dominguez’s due process argument is without merit. Her other arguments are rejected without need for discussion.

AFFIRMED.

1

. 8 U.S.C. § 1229(c) states:

Service by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F) of this section.
2

. 8 U.S.C. § 1305(a) states, in pertinent part:

Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.
3

. 8 C.F.R. § 265.1 states, in pertinent part:

Except for those exempted by section 263(b) of the Act, all aliens in the United States required to register under section 262 of the Act shall report each change of address and new address within 10 days.
4

. 8 U.S.C. § 1229a(b)(5)(B) states:

No written notice shall be required [in a removal proceeding] if the alien has failed to provide the address under section 1229(a)(1)(F) of this title.