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ANDIA v. ASHCROFT

No. 02-70648.

359 F.3d 1181 (2004)

Rosmery ANDIA; Amilcar E. Torrez, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2004.

Attorney(s) appearing for the Case

Susan E. Hill, Los Angeles, California, for the petitioners.

Jennifer L. Lightbody, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: A. Wallace Tashima, Marsha S. Berzon, and Richard R. Clifton, Circuit Judges.

Per Curiam Opinion.

Argued and Submitted May 12, 2003. — Pasadena, California.

OPINION

PER CURIAM.

Petitioners Rosmery Andia and her son, Amilcar Torrez, were deported in absentia because they did not appear at their deportation hearing. They filed a motion to reopen, maintaining that they had not received notice of the hearing. The Immigration Judge (IJ) denied the motion on the ground that Andia and Torrez did not file their motion...

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