United States Second Circuit

Petition for review of BIA denial of motion to reopen removal proceedings after a removal order was entered in absentia is denied where a presumption of receipt applied to the notice announcing a change in the date of petitioner's removal proceedings and petitioner did not present sufficient evidence to overcome the presumption of receipt.

Appellate Information

• Decided 01/22/2007
• Published 01/23/2007

Judges

• PER CURIAM., Before CABRANES and WESLEY, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric W. Schultz, Sacks, Kolken & Schultz, Buffalo, NY, for Petitioner.


• For Appellees:
  
• Gail Y. Mitchell, Assistant United States Attorney (Terrance P. Flynn, United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Buffalo, NY, for Respondents.