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SABIR v. GONZALES

No. 04-2486.

421 F.3d 456 (2005)

Muhammad SABIR, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 2005.

Attorney(s) appearing for the Case

Marshall H. Hong (argued), Hong & Associates, Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Earle Wilson (argued), Song Park, Department of Justice, Washington, DC, for Respondent.

Before COFFEY, MANION, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

Muhammad Sabir, a Pakistani who stayed in the United States longer than authorized, was ordered in absentia to be removed when he failed to appear at his removal hearing. He moved to reopen the hearing because he did not receive the notice of its date and time. The immigration judge (IJ) found the notice adequate based on evidence of its attempted delivery. As we have recently emphasized, however, the relevant question in deciding a motion...

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