United States Second Circuit

Denial of motion to reopen and rescind an in absentia order of removal is vacated where the BIA improperly applied a strong presumption of receipt of notice.

Appellate Information

• Argued 01/07/2008
• Decided 02/21/2008
• Published 02/21/2008

Judges

• STRAUB, Circuit Judge:, Before: WINTER, STRAUB, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven Lyons, Law Offices of Martin C. Liu, PLLC, New York, NY, for Petitioner.


• For Appellees:
  
• David E. Dauenheimer, Senior Litigation Counsel (Peter D. Keisler, Assistant Attorney General, Civil Division, Richard Evans, Assistant Director, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent.