United States Second Circuit

Petition for review of a motion to reconsider an earlier order dismissing an appeal from an in absentia order of removal is granted where: 1) the Supreme Court's recent decision in Bowles v. Russell, 127 S. Ct. 2360 (2007), does not require overruling the 2nd Circuit decision in Zhong Guang Sun v. U.S. Dep't of Justice, 421 F.3d 105 (2d Cir. 2005), which held that extraordinary or unique circumstances may excuse the untimely filing of an appeal with the BIA; and 2) there are indications that the BIA did not consider whether petitioner had established such extraordinary or unique circumstances.

Appellate Information

• Decided 07/10/2007
• Published 07/10/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  CABRANES and RAGGI, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Khagendra Gharti Chhetry, Chhetry & Associates, P.C., New York, NY, for Petitioner.


• For Appellees:
  
• E. Bryan Wilson, Assistant United States Attorney (Gregory R. Miller, United States Attorney, on the brief), United States Attorney's Office for the Northern District of Florida, Tallahassee, FL, for Respondents.