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SHAH v. MUKASEY

No. 07-2001.

533 F.3d 25 (2008)

Iftikhar H. SHAH, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 10, 2008.

Attorney(s) appearing for the Case

Kevin R. Murphy, on brief for petitioner.

Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, Terri J. Scadron, Attorney, United States Department of Justice, Civil Division, on brief for respondent.

Before LYNCH, Circuit Judge, MERRITT, Senior Circuit Judge, and HOWARD, Circuit Judge.

MERRITT, Senior Circuit Judge.

The petitioner, Iftikhar H. Shah, a native of Pakistan and citizen of Canada, seeks judicial review of a final order of removal issued by the Board of Immigration Appeals (BIA). The BIA upheld the Immigration Judge's (IJ) denial of Shah's motion to reopen his removal order, which was issued in absentia when he failed to appear for his scheduled hearing. Shah argues that he never received notice...

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