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URSACHI v. I.N.S.

No. 01-2419.

296 F.3d 592 (2002)

Nistor URSACHI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 2002.

Attorney(s) appearing for the Case

Richard H. Trais (argued), Chicago, IL for petitioner.

George P. Katsivalis, Immigration & Naturalization Service, Chicago, IL, Jeffrey J. Bernstein (argued), Department of Justice Civil Division, Immigration Litigation, Washington, D.C., for respondent.

Before FLAUM, Chief Judge, and COFFEY and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Nistor Ursachi, a Romanian national, failed to appear at his deportation hearing. The immigration judge ("IJ") at the hearing ordered in absentia that Ursachi be deported to Romania under § 241(a)(1)(B) of the Immigration and Nationality Act ("INA") because he remained in the United States longer than permitted. Ursachi filed a motion to reopen his deportation proceeding, alleging that exceptional circumstances beyond his control...

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