The Ninth Circuit has remanded a motion to reopen filed by a pro se applicant who missed her first hearing, and contacted the immigration court within a week to inquire about her in absentia hearing. The court found that the applicant’s statements of non-receipt of the hearing notice were entitled to credibility in the absence of contrary evidence.
The full text of Perez-Portillo v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/12/30/20-73486.pdf