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DOMINGUEZ-CAPISTRAN v. GONZALES

No. 04-2158.

438 F.3d 876 (2006)

Candelaria DOMINGUEZ-CAPISTRAN, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2006.

Attorney(s) appearing for the Case

Herbert Azubuike Igbanugo, Edmundo D. Lijo, Riddhi Jani, Blackwell & Igbanugo, Minneapolis, MN, for Petitioner.

Emily Anne Radford, Papu Sandhu, Linda S. Wernery, Jennifer Keeney, U.S. Department of Justice, Office Of Immigration Litigation, Washington, DC, Janice K. Redfern, Jonathan F. Cohn, Ari Nazarov, Alison R. Drucker, U.S. Department of Justice Civil Division, OIL, Washington, DC, for Respondents.

Before BYE, HEANEY, and MELLOY, Circuit Judges.

BYE, Circuit Judge.

Candelaria Dominguez-Capistran petitions for review of the Board of Immigration Appeal's (BIA) dismissal of her motion to reopen and rescind the in absentia order of removal entered against her when she failed to appear at her scheduled cancellation of removal hearing. We affirm.

Dominguez-Capistran, a citizen of Mexico and single mother of four children, all of whom are United States citizens, entered the United States without inspection...

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