Gonzalez v. Bar, 070519 FED8, 18-3280

Docket Nº:18-3280
Party Name:Nelson Pinos Gonzalez Petitioner v. William P. Barr, Attorney General of the United States Respondent
Judge Panel:Before BENTON, WOLLMAN, and GRASZ, Circuit Judges.
Case Date:July 05, 2019
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Nelson Pinos Gonzalez Petitioner


William P. Barr, Attorney General of the United States Respondent

No. 18-3280

United States Court of Appeals, Eighth Circuit

July 5, 2019

Submitted: May 14, 2019

Petition for Review of an Order of the Board of Immigration Appeals

Before BENTON, WOLLMAN, and GRASZ, Circuit Judges.


Nelson Pinos Gonzalez petitions for review of the denial by the Board of Immigration Appeals (the Board) of his motion to reopen in absentia deportation proceedings from 1994. He argues that he did not receive adequate notice of the charges against him. Finding no abuse of discretion in the Board's determination that Pinos had failed to establish a case for reopening, we deny the petition.

Pinos entered the United States without inspection in 1992. After working in a restaurant in New York for several months, he visited his brother-in-law in Minneapolis, where he was arrested in an immigration raid. While Pinos was in custody, immigration officials drafted an Order to Show Cause charging him with eligibility for deportation. The Order to Show Cause contained notices of rights and consequences written in both English and Spanish, a copy of Pinos's fingerprint, and a declaration signed by an immigration agent that the form had been read to Pinos in Spanish. The notice of rights and consequences admonished Pinos that he was required to provide an address where he could be contacted and that he was to provide written notice of any change in address. Pinos provided a Minneapolis address and signed the Order to Show Cause. He then signed an Order of Release on Recognizance form that was written only in English.

Upon his release, or shortly thereafter, Pinos returned to New York. Notice of his deportation proceedings was sent to the Minneapolis address that he had provided, where it was signed for but never forwarded. He was ordered deported in March 1994.

Pinos later moved to New Haven, Connecticut, where he eventually earned a full-time job and fathered three U.S. citizen children with his long-term partner. In 2012, an immigration attorney advised him to self-report to Immigration and...

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