United States Fifth Circuit

Petition for review of a denial of a motion to reopen removal proceedings is granted where denial of the motion to reopen under the "reasonable cause" standard was an abuse of discretion since there had been no valid in absentia hearing regarding an original removal order.

Appellate Information

• Decided 01/20/2006
• Published 01/23/2006

Judges

• BENAVIDES, Circuit Judge:, Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Brian K. Bates (argued), Quan, Burdette & Perez, Houston, TX, for Petitioner.


• For Appellees:
  
• Paul Fiorino (argued), Carl Henry McIntyre, Civ. Div., Alberto R. Gonzales, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Caryl G. Thompson, U.S.INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.