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ABU HASIRAH v. DEPARTMENT OF HOMELAND SECURITY

Docket No. 04-0914-ag.

478 F.3d 474 (2007)

Riyad Darwich Mustafa ABU HASIRAH, Petitioner, v. The DEPARTMENT OF HOMELAND SECURITY, f/k/a The United States Immigration and Naturalization Service, Respondent.

United States Court of Appeals, Second Circuit.

Decided: February 22, 2007.

Attorney(s) appearing for the Case

Frederick P. Korkosz, Law Offices of Alice K. Berke, Albany, NY, for Petitioner.

Richard L. Pomeroy, Assistant United States Attorney (Timothy M. Burgess, United States Attorney for the District of Alaska, on the brief), Anchorage, AK, for Respondent.

Before LEVAL and STRAUB, Circuit Judges, and UNDERHILL, District Judge.

PER CURIAM.

Riyad Darwich Mustafa Abu Hasirah ("Abu Hasirah" or "Petitioner") petitions for review of the order by the Board of Immigration Appeals ("BIA"), affirming Immigration Judge ("IJ") Michael Rocco's denial of his motion to reopen proceedings following the entry of an order of removal in absentia. In re Abu Hasirah, No. A76 239 310 (B.I.A. Jan. 26, 2004), aff'g No. A76 239 310 (Immig. Ct. Buffalo Nov. 18, 2002). Because the Petitioner's unintentional...

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