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LOPES v. GONZALES

Docket No. 05-6878-AG.

468 F.3d 81 (2006)

Edson Silva-Carvalho LOPES, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 2, 2006.

Attorney(s) appearing for the Case

Steve Lyons, Law Offices of Martin C. Liu, PLLC, New York, NY, for Petitioner.

Graham L. Teall, Assistant United States Attorney (Stephen J. Murphy, United States Attorney for the Eastern District of Michigan, on the brief), Detroit, MI, for Respondent.

Before WINTER, McLAUGHLIN, and STRAUB, Circuit Judges.

PER CURIAM.

Petitioner Edson Silva-Carvalho Lopes ("Silva") seeks review of a December 2, 2005 decision of the Board of Immigration Appeals ("BIA") dismissing his appeal of an immigration judge's denial of his motion to reopen and rescind an in absentia order of removal. The precise issues before us are whether the BIA (1) erred in applying a presumption of receipt to a notice to appear that was properly addressed and mailed according to regular office procedures...

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