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PEREZ v. MUKASEY

No. 04-73029.

516 F.3d 770 (2008)

Juan Antonio PEREZ, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2008.

Attorney(s) appearing for the Case

Evan L. Murri, Esq., Law Offices of Evan L. Murri, San Gabriel, CA, for the petitioner.

Peter D. Keisler, Esq., Michelle Gordon Latour, Esq., P. Michael Truman, Esq., Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before: B. FLETCHER, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

Opinion by Judge REINHARDT; Dissent by Judge RYMER.

REINHARDT, Circuit Judge:

On March 12, 2003, Petitioner Juan Antonio Perez was ordered removed in absentia. The immigration judge ("IJ") denied his motion to reopen the immigration proceedings, a decision that was summarily affirmed by the. Board of Immigration Appeals ("BIA"). Perez argues on appeal that the agency erred in entering an in absentia removal order against him—and then denying his motion...

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