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GITAU v. MUKASEY

No. 07-1987.

520 F.3d 906 (2008)

Josphine Wangari GITAU, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: March 28, 2008.

Attorney(s) appearing for the Case

Thomas Harry Tousley, argued, Washington, DC, for Petitioner.

Zoe Jaye Heller, argued, Corey L. Farrell, Anthony W. Norwood; on the brief, Washington, DC, for Respondent.

Before BYE, BEAM, GRUENDER, Circuit Judges.

BEAM, Circuit Judge.

Petitioner, Josphine Gitau, appeals the Board of Immigration Appeals' (BIA) March 30, 2007, order denying her motion to reopen and reconsider her removal proceedings and rescind the Immigration Judge's (IJ's) in absentia removal order. This appeal contains a great deal of "he said, she said" as to why Gitau did not appear at a February 13, 2006, removal hearing. Applying our abuse of discretion standard...

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