MALDONADO-PADILLA v. Holder
651 F.3d 325
2d Cir.2011Background
- Maldonado-Padilla, a native and citizen of Ecuador, entered the U.S. in 1994 without documentation and was detained by Border Patrol in Texas.
- She was released after posting bond and provided a New Jersey mailing address, but did not update it thereafter.
- Removal hearing notices were mailed to her last provided address and were returned as undeliverable because she moved.
- An in absentia removal order was entered after she failed to appear at the hearing.
- Nearly fifteen years later, she moved to reopen, alleging lack of notice and eligibility to adjust status; the immigration judge denied, and the BIA affirmed the denial of reopening.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue transfer to the proper circuit court ( Fifth Circuit ) | Maldonado-Padilla argues petition should proceed in Fifth Circuit | Respondent supports transfer under 8 U.S.C. § 1252(b)(2) to Fifth Circuit | Transfer granted; petition transferred to Fifth Circuit |
| Whether to issue a stay of removal pending transfer | Petitioner seeks a stay pending transfer | Stay is discretionary and should be denied given proceedings and public interest | Stay denied; petition for review transferred to Fifth Circuit |
Key Cases Cited
- Moreno-Bravo v. Gonzales, 463 F.3d 253 (2d Cir.2006) (attorney venue transfer considerations under §1252(b)(2))
- In re Warrick, 70 F.3d 736 (2d Cir.1995) (transfer dismantles jurisdiction in transfer papers)
- Nken v. Holder, 129 S. Ct. 1749 (Sup. Ct. 2009) (stay is not a matter of right; discretionary)
- Rosendo-Ramirez v. INS, 32 F.3d 1085 (7th Cir.1994) (courts assess forum-shopping concerns in stays)
- Michael v. INS, 48 F.3d 657 (2d Cir.1995) (prudential considerations against stay when venue error exists)
- Lopes v. Gonzales, 468 F.3d 81 (2d Cir.2006) (notice issues; per curiam on reopening)