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09-3543-ag Kosasih v. Holder BIA A097 849 104 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Daniel Patrick Moynihan 3 United States Courthouse, 500 Pearl Street, in the City of 4 New York, on the 3 rd day of March, two thousand ten. 5 6 PRESENT: 7 JOSÉ A. CABRANES, 8 PETER W. HALL, 9 GERARD E. LYNCH, 10 Circuit Judges. 11 _____________________________________ 12 13 THERESIA KOSASIH, 14 Petitioner, 15 16 v. 09-3543-ag 17 NAC 18 ERIC H. HOLDER, JR., 19 UNITED STATES ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Matthew J. Archambeault, 24 Philadelphia, Pennsylvania 25 26 FOR RESPONDENT: Tony West, Assistant Attorney 27 General; Linda S. Wernery, Assistant 28 Director; Kerry A. Monaco, Trial 29 Attorney, Office of Immigration 30 Litigation, Civil Division, United 31 States Department of Justice, 32 Washington, D.C. 1 UPON DUE CONSIDERATION of this petition for review of a 2 decision of the Board of Immigration Appeals (“BIA”), it is 3 hereby ORDERED, ADJUDGED, AND DECREED, that the petition for 4 review is DENIED. 5 Theresia Kosasih, a native and citizen of Indonesia, 6 seeks review of a July 21, 2009, order of the BIA denying 7 her motion to reissue. In re Theresia Kosasih, No. A097 849 8 104 (B.I.A. July 21, 2009). We assume the parties’ 9 familiarity with the underlying facts and procedural history 10 of this case. 11 We review the agency’s denial of a motion to reissue 12 for abuse of discretion. See Ping Chen v. U.S. Att’y Gen., 13
502 F.3d 73, 75 (2d Cir. 2007). As the Government argues, 14 this case is controlled by Ping Chen. In that case, the 15 applicant asked the BIA to reissue its decision because she 16 allegedly did not receive it or even learn of it for several 17 months after its issuance.
Id. at 74. The BIA denied the 18 motion on the ground that the decision was correctly mailed 19 to the applicant’s address of record.
Id. at 75. We noted, 20 inter alia, that the record included an order and a cover 21 letter addressed to the petitioner’s correct address, and 22 that although the petitioner and a relative filed affidavits 2 1 stating that they had not received the order, the petitioner 2 did not point to any irregularity in the BIA’s records 3 suggesting that service was not actually accomplished.
Id.4 at 77. Upholding the BIA’s decision, we held that, “once 5 the BIA has performed its duty of serving the order, the 6 time for appeal and motions to reopen begins to run, even if 7 the order miscarries in the mail or the alien does not 8 receive it for some other reason that is not the BIA’s 9 fault.”
Id. at 76-77. 10 Here, the record similarly includes a cover letter 11 addressed to the petitioner and her attorney at their 12 addresses of record on the day the decision was issued. 13 Although Kosasih, her attorney, and others filed affidavits 14 stating they did not receive the decision, Kosasih admits 15 that “there are no irregularities as to the addresses [on 16 the BIA cover sheets] of either the Petitioner or her 17 counsel.” On these facts, the BIA’s denial of Kosasih’s 18 motion to reissue on the ground that the BIA had satisfied 19 its obligation to notify the petitioner of the disposition 20 of her case was not an abuse of discretion. See
id. at 77. 21 For the foregoing reasons, the petition for review is 22 DENIED. As we have completed our review, any stay of 3 1 removal that the Court previously granted in this petition 2 is VACATED, and any pending motion for a stay of removal in 3 this petition is DISMISSED as moot. 4 5 6 FOR THE COURT: 7 Catherine O’Hagan Wolfe, Clerk 8 9 10 11 4
Document Info
Docket Number: 09-3543-ag
Judges: Cabranes, Hall, Lynch
Filed Date: 3/3/2010
Precedential Status: Non-Precedential
Modified Date: 3/2/2024