HERBERT v. ASHCROFT

No. 02-1950.

325 F.3d 68 (2003)

Diland Dexter HERBERT, Petitioner, v. John D. ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided April 8, 2003.


Attorney(s) appearing for the Case

Derege B. Demissie with whom Doherty & Demissie was on brief for petitioner.

Janice K. Redfern, Attorney, Office of Immigration Litigation, with whom Robert D. McCallum, Jr., Assistant Attorney General, and Christopher C. Fuller, Senior Litigation Counsel, were on brief for respondent.

Before LYNCH, Circuit Judge, and CYR and STAHL, Senior Circuit Judges.


LYNCH, Circuit Judge.

Diland Herbert is a native and citizen of Trinidad and Tobago, a lawful permanent resident of the United States for almost twenty-five years, and the father of a ten-year-old American citizen. He petitions for review of the denial of his motion to reopen a decision in absentia to deport him. The motion was denied because he was approximately thirty minutes late for his hearing on January 11, 2002. 8 U.S.C. § 1229a(b)(5)(A) (2000). This is...

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