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LAHMIDI v. I.N.S.

No. 95-70439.

149 F.3d 1011 (1998)

Mohammed Simon LAHMIDI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Vacated May 2, 1997.

Resubmitted June 17, 1998.

Decided July 16, 1998.

Attorney(s) appearing for the Case

Russell L. Marshak, Popkin, Shamir & Golan, Los Angeles, California, for petitioner.

Francesco Isgro, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for respondent.

Before: SKOPIL, PREGERSON, and REINHARDT, Circuit Judges.

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge SKOPIL.

REINHARDT, Circuit Judge:

Mohammed Simon Lahmidi seeks review of the Board of Immigration Appeals' (BIA) denial of his motion to reopen his deportation proceedings. The BIA issued an in absentia deportation order when Lahmidi failed to appear at his scheduled deportation hearing. In his motion to reopen, Lahmidi argued that...

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