Alien has to notify court of change of address even though proceedings had not started

Soumah v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0775n-06.pdf (unpublished, 12/20/2010).

The alien received an NTA in 2004, which was mailed to his then-current address.  No hearing date was listed on the NTA.  He moved in 2005 and notified the DHS but not the Immigration Court.  In October 2006, the court mailed a hearing notice to his old address; he failed to appear and was ordered removed in absentia.  The Sixth Circuit found notice proper and affirmed the denial of a motion to rescind the order.

Although it is not clear from the facts, it is likely that the NTA was not filed with the Immigration Court for over two years.  During that time, he moved and notified the DHS as he was supposed to.  The DHS failed to notify the court, even though it had a record of his change of address and could have presented that to the court at the in absentia hearing.  At the time, the court had no way to record a change of address for an alien for whom the NTA was not filed as there was no open file.  Thus, it was impossible for the alien to notify the court and he notified the only agency he could, the DHS.

It is not clear if these arguments were raised or the exact factual scenario, but fortunately this decision is not published.

According to PACER, OIL has asked the Court to publish this decision.  If the decision is published, it will be very bad for noncitizens because the record appears undeveloped and certain favorable arguments were not made.