United States Third Circuit

A petition for review of a denial of a motion to reopen brought following the entry of an in absentia removal order is granted where there was no failure to appear by petitioner, the in absentia order was entered in violation of petitioner's right to due process, and thus it was an abuse of discretion to deny her motion to reopen.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• Before MCKEE, FUENTES and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Dominga Cabrera-Perez, Bronx, NY, pro se., Neil R. Gallagher, Office of United States Attorney, Newark, NJ, for Alberto Gonzales.