The Board of Immigration Appeals has determined that rescission of an in absentia order is not warranted when a non-citizen was personally served with the Notice to Appear, failed to correct a typo in the address provided to the Immigration Court, and who waited 18 years to file his motion to reopen. “Even assuming that the respondent inadvertently provided the incorrect spelling of the city name, he was on notice that he had a duty to correct his address information and to properly notify the Immigration Court where he could receive notice. Inherent in the concept of notice is the implicit obligation that the intended recipient must provide the information necessary for the notice to be received.” “Since the respondent was clearly advised that he was required to provide a correct address to the Immigration Court and failed to do so, we conclude that he received constructive notice of his scheduled hearing, even if he did not receive actual notice of it.”
The full text of Matter of Nivelo Cardenas can be found here: