United States Second Circuit

Petition for review of a final order of removal is denied where although the Board of Immigration Appeals erred by failing to consider the affirmation submitted by petitioner's attorney setting forth petitioner's reasons for failing to appear, the failure does not require remand, as the agency would have reached the same result even if it considered the affirmation, and petitioner was properly notified of his hearing and abandoned any opportunity to seek adjustment of status by failing to appear.

Appellate Information

• Decided 07/06/2009
• Published 07/06/2009

Judges

• PER CURIAM:, Before CABRANES and HALL, Circuit Judges, and STEIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard A. Vrhovc, Clifton, NJ, for petitioner.


• For Appellees:
  
• Jessica E. Sherman, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division (Michael F. Hertz, Acting Assistant Attorney General, and Michelle Gorden Latour, Assistant Director, on the brief), Washington, DC, for respondent.