United States First Circuit

A petition for review of BIA's denial of an alien's motion to reopen his removal proceedings, after he failed to appear at a scheduled hearing, is denied over petitioner's claims that: 1) he never received the Notice to Appear because he moved to another state; and 2) even if the notice were received, the notice was insufficient because he was entitled to an oral warning in Spanish of the consequences of failing to appear.

Appellate Information

• Decided 03/21/2008
• Published 03/21/2008

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher J. Stender and Stender and Pope, PC on brief for petitioner.


• For Appellees:
  
• Shahrzad Baghai, Trial Attorney, Peter D. Keisler, Assistant Attorney General, and Anthony W. Norwood, Senior Litigation Counsel, on brief for respondent.