Sicat v. Sessions (HAP)
San Francisco, CA (U.S. Court of Appeals for the Ninth Circuit)
Members: Mitchell R. VanLandingham & David C. Casarrubias
Coaches: Leah Spero
Description of Issues:

A native and citizen of the Philippines petitions for review of the Board of Immigration Appeals' dismissal of his appeal of an Immigration Judge's decision denying his motion to reopen his removal proceedings conducted in absentia.

The issues are as follows:

  1. An order of removal entered in absentia may be rescinded upon a motion to reopen if the movant rebuts the slight presumption that he received notice of the removal hearing sent by regular mail. Sicat has submitted sworn affidavits showing that he never received the government’s notices, had no motive to avoid his removal hearing due to his eligibility for an I-130 petition, and had a diligent appearance record at prior hearings.  Did the IJ and the BIA abuse their discretion in concluding that this evidence was insufficient to rebut the slight presumption of effective service for purposes of reopening the proceedings?
  2. In a motion to reopen, a movant need only demonstrate prima facie eligibility for relief upon the reopening of his proceedings. Sicat has demonstrated that his marriage is bona fide, and that he will diligently pursue the pending I-130 and adjustment of status.  Did the IJ and the BIA err in determining that Sicat is statutorily ineligible for relief?
Scheduling Contact: vanlandingham@uchastings.edu (davidc.casarrubias@uchastings.edu)
Document(s): Please e-mail team members to obtain any materials before judging.
DATE AND TIME ROOM JUDGE JUDGE JUDGE JUDGE JUDGE
Mon. February 12
3:30PM - 4:30PM (Closed)
Tue. February 13
3:00PM - 4:00PM MCR
Thu. February 15
5:15PM - 6:15PM MCR
Fri. February 16
1:00PM - 2:00PM MCR Eric Schmoll Naomi Andy
Tue. February 20
1:00PM - 2:00PM MCR Francesca
Wed. February 21
3:30PM - 4:30PM J Jonathan Klaren Paige Adaskaveg
Thu. February 22
12:00PM - 1:00PM D Brittany Alex Padua
Mon. February 26
3:30PM - 4:30PM MCR Gabbi Leah Spero Stephen Tollafield
Tue. February 27
1:00PM - 2:00PM J Katie Parker Maya Galicia-Canto Leah Spero Cole Smith-Crowley Ramon Becerra-Alcantar
Wed. February 28
12:00PM - 1:00PM H Kyle McLean
3:30PM - 4:30PM H Kaitlin Carragher Paige Adaskaveg
Thu. March 1
5:15PM - 6:15PM H Tollafield
Fri. March 2
10:00AM - 11:00AM MCR
12:00PM - 1:00PM MCR Sierra Luther
1:00PM - 2:00PM MCR
Sat. March 3
10:00AM - 11:00AM F
12:00PM - 1:00PM F
Mon. March 5
12:00PM - 1:00PM MCR
Tue. March 6
12:00PM - 1:00PM F Paige Adaskaveg andy Debbie Kol
Mon. March 12
3:30PM - 4:30PM MCR Fiona
7:00PM - 8:00PM G Claudia Grajeda Fiona
Tue. March 13
12:00PM - 1:00PM MCR Brandon Shiener Debbie Kol Leo Fissel Dan Weston Luke Hendrickson
Wed. March 14
9:00AM - 12:00PM 9TH CIR. BEA, J. BERZON, J. BERG, J. -- --