KHAN v. U.S. DEPT. OF JUSTICE

Docket No. 06-2995-ag.

494 F.3d 255 (2007)

Tahir Ali KHAN, Petitioner, v. U.S. DEPARTMENT OF JUSTICE, Attorney General Alberto R. Gonzales, Respondents.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2007.


Attorney(s) appearing for the Case

Khagendra Gharti Chhetry, Chhetry & Associates, P.C., New York, NY, for Petitioner.

E. Bryan Wilson, Assistant United States Attorney (Gregory R. Miller, United States Attorney, on the brief), United States Attorney's Office for the Northern District of Florida, Tallahassee, FL, for Respondents.

Before: JOSÉ A. CABRANES and RAGGI, Circuit Judges, and BERMAN, District Judge.


JOSÉ A. CABRANES, Circuit Judge:

Petitioner Tahir Ali Khan, a native and citizen of Pakistan, seeks review of an order of the Board of Immigration Appeals ("BIA") denying his motion to reconsider an earlier BIA order that dismissed as untimely an appeal from an in absentia order of removal issued by Immigration Judge ("IJ") Michael W. Straus. In re Khan, No. A 47 270 257 (B.I.A. May 31, 2006). Petitioner argues that the BIA failed to consider whether...

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