[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-13164 ____________________

MARTHA ISABEL ROSALES-MENDEZ, Petitioner, versus U.S. ATTORNEY GENERAL,

Respondent.

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Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A078-319-827 ____________________ USCA11 Case: 22-13164 Document: 34-1 Date Filed: 06/20/2024 Page: 2 of 14

2 Opinion of the Court 22-13164

Before WILLIAM PRYOR, Chief Judge, and JORDAN and BRASHER, Cir- cuit Judges. WILLIAM PRYOR, Chief Judge: This petition for review requires us to decide whether immi- gration officials must give notice of a removal hearing to an alien who provided them an inaccurate home address. After border pa- trol agents apprehended Martha Isabel Rosales-Mendez for illegally entering the United States, they served her with a notice to appear for a removal hearing on a date and time “to be set.” The agents asked Rosales-Mendez for an address where she could be reached in the United States. Because Rosales-Mendez was planning to re- side with her boyfriend, she had him provide the agents an address over the phone. The agents recorded that address on the notice to appear. But the address contained an error. So when agents mailed a second notice to that address setting the date and time of Rosales- Mendez’s removal hearing, Rosales-Mendez did not receive it. When Rosales-Mendez missed the hearing, the immigration judge ordered her removed in absentia. Rosales-Mendez learned about the removal order years later and moved to reopen the removal proceeding for lack of notice. The immigration judge denied the motion, and the Board of Immigration Appeals affirmed. Because Rosales-Mendez failed to provide a correct address at which she could be reached, the officials were excused from providing her no- tice of her removal hearing. We deny the petition. USCA11 Case: 22-13164 Document: 34-1 Date Filed: 06/20/2024 Page: 3 of 14

22-13164 Opinion of the Court 3

I. BACKGROUND Martha Isabel Rosales-Mendez, a native and citizen of Hondu- ras, crossed the Rio Grande into the United States without inspec- tion nearly 24 years ago. The day after her illegal entry, border pa- trol agents caught her trying to board a flight to Houston. Her final destination was Miami, where she planned to live with her then- boyfriend. Agents detained Rosales-Mendez overnight at an immi- grant processing center, but they released her the next day on her own recognizance because the facility was at maximum capacity. Before releasing Rosales-Mendez, a border patrol agent served her with a document titled “Notice to Appear.” The notice charged Rosales-Mendez as removable for being an alien present in the United States without admission or parole, see 8 U.S.C. § 1182(a)(6)(A)(i), and it ordered her to appear for removal pro- ceedings before an immigration judge in Miami on a date “to be set” at a time “to be set.” The notice to appear also listed the address tha