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NIBAGWIRE v. GONZALES

No. 04-2254.

450 F.3d 153 (2006)

Aimee NIBAGWIRE, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 13, 2006.

Attorney(s) appearing for the Case

ARGUED: Joseph M. Kum, Amorow & Kum, P.A., Takoma Park, Maryland, for Petitioner. Song E. Park, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Civil Division, Michelle E. Gorden, Senior Litigation, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.

Petition for review granted; agency order and decision vacated and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge GREGORY joined.

OPINION

MICHAEL, Circuit Judge.

When the Department of Homeland Security (DHS) serves an alien with notice of a removal hearing by regular mail, as allowed by current law, the agency is entitled to a presumption of effective delivery. A removal order was entered against Aimee Nibagwire after...

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