United States First Circuit

Petitioner's petition for review of the BIA's denial of his motion to reopen his deportation proceedings after an in absentia deportation order was entered against him is denied where: 1) the Court of Appeals lacked jurisdiction to review the BIA's refusal to reopen a deportation order sua sponte; and 2) Petitioner had notice and an opportunity to attend the prior hearing.

Appellate Information

• Decided 06/19/2009
• Published 06/19/2009

Judges

• HOWARD, Circuit Judge., Before HOWARD, SELYA and EBEL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert M. Warren on brief for petitioner.


• For Appellees:
  
• Michael F. Hertz, Acting Assistant Attorney General, Civil Division, Anthony Wray Norwood, Senior Litigation Counsel, Office of Immigration Litigation and Terri J. Scadron, Assistant Director, United States Department of Justice, Office of Immigration Litigation, on brief for respondent.