Docket No. 05-2904-ag.

474 F.3d 71 (2007)

Rajesh Kumar BHANOT, Petitioner, v. Michael CHERTOFF, Secretary, Department of Homeland Security; Alberto Gonzales, Attorney General of the United States; Michael J. Garcia, Assistant Secretary for the Bureau of Immigration and Customs Enforcement, Department of Homeland Security; William Cleary, Bureau of Immigration and Customs Enforcement (BICE), Detention Removal Office Director, Respondents.

United States Court of Appeals, Second Circuit.

Decided: January 22, 2007.

Attorney(s) appearing for the Case

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

Gail Y. Mitchell, Assistant United States Attorney (Terrance P. Flynn, United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Buffalo, NY, for Respondents.

Before CABRANES and WESLEY, Circuit Judges, and KORMAN, District Judge.


Petitioner seeks review of an order of the Board of Immigration Appeals ("BIA") affirming a decision by Immigration Judge ("IJ") Philip J. Montante, Jr., denying petitioner's motion to reopen removal proceedings after a removal order was entered in absentia. See In re Rajesh Kumar Bhanot, No. A 76 502 189 (B.I.A. Feb. 28, 2002), aff'g No. A 76 502 189 (Immig. Ct. Buffalo Nov. 13, 1998).

Where, as here, the BIA adopts the decision...

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