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MARTINEZ-MARROQUIN v. GONZALES

No. 06-4380.

489 F.3d 778 (2007)

Juan MARTINEZ-MARROQUIN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

June 4, 2007.

Attorney(s) appearing for the Case

Andrea J. Ferrara, Law Offices of Andrea J. Ferrara, Eastpoint, MI, for Petitioner.

Kevin Mulchay, U.S. Attorney's Office, Detroit, MI, Keith I. McManus, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: GIBBONS and COOK, Circuit Judges; CLELAND, District Judge.

ORDER

The petitioner seeks judicial review of a decision of the Board of Immigration Appeals ("BIA") denying his motion to reopen his removal proceedings and rescind an immigration judge's in absentia order of removal. The petitioner's proof brief was filed on March 26, 2007. The respondent now moves to remand this case to the BIA to consider the issue of whether the petitioner carried his burden to demonstrate that the in absentia order of removal should be rescinded...

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