In re Alawie, A094-250-122, 2010 WL 2224567 (BIA May 5, 2010) (unpublished).
The BIA reversed an Immigration Judge's denial of a motion to reopen an in absentia removal order. The alien did not live at the address of record but used as a mailing address. The BIA reopened based on (1) an affidavit from the resident of the address stating that he did not receive the hearing notice and would have given it to the alien if he had received it, (2) the alien had a reason to appear at his hearing because he is eligible for cancellation of removal, and (3) the alien acted quickly in filing the motion (he filed it two days after the order was entered).
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