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ALREFAE v. CHERTOFF

Docket No. 05-3253-AG.

471 F.3d 353 (2006)

Abdoh Ahmed ALREFAE, Petitioner, v. Michael CHERTOFF, Department of Homeland Security, Alberto R. Gonzales, United States Attorney General, Julie L. Myers, Assistant Secretary for the Bureau of Immigration and Customs Enforcement, Department of Homeland Security, William Cleary, Bureau of Immigration and Customs Enforcement Detention Removal Field Office Director, Respondents.

United States Court of Appeals, Second Circuit.

Decided: December 14, 2006.

Attorney(s) appearing for the Case

Eric W. Schultz, Sacks, Kolken & Schultz, Buffalo, NY, for petitioner.

Mary K. Roach, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, on the brief), Buffalo, NY, for respondents.

Before: STRAUB, SOTOMAYOR and KATZMANN, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Abdoh Ahmed Alrefae, a citizen of Yemen, petitions for review of a June 2, 2004 order of the Board of Immigration Appeals ("BIA") affirming without opinion a July 15, 2003 decision of Immigration Judge ("IJ") Philip J. Montante, Jr., denying Alrefae's motion to rescind an in absentia order of removal and to reopen removal proceedings on the basis of new evidence. In re Abdoh Ahmed Alrefae, No. A 29 001 867 (B.I.A. June 2, 2004...

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