With no explanation, chose the best option from "A", "B", "C" or "D". that the Service mailed his NTA to the correct address, but raised the notice arguments now before us. This second motion to reopen was transferred to the BIA and consolidated with his pending appeal of the IJ's denial of his first motion to reopen, and is now before us. 4 . Separate from the NTA are so-called “hearing notices,” which are used to alert aliens to changes in hearing time or location when necessary. See 8 U.S.C. §§ 1229(a)(1) (regarding NTAs), 1229(a)(2) (regarding hearing notices). 5 . U.S.C. § 1229(a)(1) lists specific pieces of information that must be contained in the NTA, including, at subsection (F), "The requirement that the alien must immediately provide (or hav n the context of NTAs, rather than hearing notices. But cf. Mendez v. INS, 563 F.2d 956 (9th Cir.1977) (<HOLDING>); id. at 958 n. 1 ("[Njotice [to an alien’s

A: holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review
B: recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel
C: holding that the inss mailing a hearing notice to an aliens last known address but not to his attorney violated the aliens due process rights because the alien reasonably relied on statutory and regulatory language not relevant here that suggested his counsel would receive copies of all such notices
D: holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel
D.