United States Sixth Circuit

In a petition for review brought by a native and citizen of the former Yugoslavia of the BIA's affirmance of an IJ's denial of his motion to reopen proceedings after the issuance of an in absentia deportation order, the petition is denied where: 1) the service upon petitioner's counsel by certified mail fulfilled the notice requirement of section 1252(a)(2); and 2) petitioner's alternative claim that the IJ abused her discretion when she ordered him deported in absentia for failing to appear because he arrived only 40 minutes late to his hearing, and only six minutes after she had entered the order against him, is dismissed for lack of jurisdiction as petitioner presented this argument for the first time on appeal.

Appellate Information

• Decided 11/08/2010
• Published 11/08/2010

Judges

• BARZILAY

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Caridad Pastor Cardinale, Anthony P. Nicastro