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LUNTUNGAN v. ATTY. GEN. OF U.S.

No. 05-2397.

449 F.3d 551 (2006)

Julian Bastian LUNTUNGAN, Petitioner v. ATTORNEY GENERAL of the UNITED STATES; Secretary of Department of Homeland Security; Michael Anderson, as Acting Director of the Newark, New Jersey Field Office of the Bureau of Immigration and Customs Enforcement; United States Department of Justice and United States Department of Homeland Security.

United States Court of Appeals, Third Circuit.

Filed June 5, 2006.

Attorney(s) appearing for the Case

Lawrence Spivak (Argued), New York, NY, Attorney for Petitioner.

Linda S. Wernery, Janice K. Redfern (Argued), William C. Peachey, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Attorneys for Respondents.

Before RENDELL, SMITH, and BECKER, Circuit Judges.

PER CURIAM.

Julian Bastian Luntungan, a native and citizen of Indonesia and the petitioner in this case, failed to attend two consecutive removal hearings, and an Immigration Judge ("IJ") ordered him removed in absentia. Luntungan then filed three consecutive motions to reopen, which the IJ denied, and Luntungan appealed the denial of the third motion to the Board of Immigration Appeals ("BIA"). Reviewing the denial of the third motion, the BIA agreed with the IJ...

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