736 Fed.Appx. 516 (5th Cir. 2018), 17-60207, Mogollan-Pasten v. Sessions

Docket Nº:17-60207
Citation:736 Fed.Appx. 516
Opinion Judge:STEPHEN A. HIGGINSON, Circuit Judge:
Party Name:Leticia MOGOLLAN-PASTEN, Petitioner v. Jefferson B. SESSIONS, III, U.S. Attorney General, Respondent
Attorney:Felipe D. J. Millan, El Paso, TX, for Petitioner Surell Brady, Trial Attorney, Timothy George Hayes, Trial Attorney, U.S. Department of Justice, U.S. Department of Justice, Washington, DC, for Respondent
Judge Panel:Before STEWART, Chief Judge, and WIENER and HIGGINSON, Circuit Judges.
Case Date:September 07, 2018
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 516

736 Fed.Appx. 516 (5th Cir. 2018)

Leticia MOGOLLAN-PASTEN, Petitioner

v.

Jefferson B. SESSIONS, III, U.S. Attorney General, Respondent

No. 17-60207

United States Court of Appeals, Fifth Circuit

September 7, 2018

UNPUBLISHED

Editorial Note:

Please Refer Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 5th Cir. Rules 28.7 and 47.5.

Petition for Review of an Order of the Board of Immigration Appeals, BIA No. AXXX XX0 826

Felipe D. J. Millan, El Paso, TX, for Petitioner

Surell Brady, Trial Attorney, Timothy George Hayes, Trial Attorney, U.S. Department of Justice, U.S. Department of Justice, Washington, DC, for Respondent

Before STEWART, Chief Judge, and WIENER and HIGGINSON, Circuit Judges.

OPINION

STEPHEN A. HIGGINSON, Circuit Judge:[*]

Leticia Mogollan-Pasten is a native and citizen of Mexico. She sought entry into the United States on November 29, 1992, claiming to be a United States Citizen. She lacked valid entry documents, however, and was detained for being possibly excludable as either an alien seeking admission by means of fraud or as an alien

Page 517

seeking admission without valid entry documents. See 8 U.S.C. § § 1182(a)(6)(C) & (7)(A). In an interview later that day, she admitted to being a Mexican citizen and to falsely claiming United States citizenship. The Immigration and Naturalization Service ("INS") immediately charged Mogollan-Pasten as being excludable and issued her a Form I-122, "Notice to Applicant for Admission Detained for Hearing before an Immigration Judge." The notice informed Mogollan-Pasten that a hearing "will be scheduled" and that "[i]t is understood that you want the notice of hearing to be sent to you at the following address: 1615 Calle Licenciado Soto y Gama, Col. Francisco I. Madero, Juarez, Chih. Mexico." She was then permitted to return to Mexico to await notification of her hearing.

The next day, November 30, 1992, Mogollan-Pasten reentered the United States without inspection. Ten days later, on December 10, 1992, the Immigration Court mailed a Notice of Hearing to Mogollan-Pasten at the address she had provided, informing...

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