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SILVA-CARVALHO LOPES v. MUKASEY

No. 07-1882-ag.

517 F.3d 156 (2008)

Edson SILVA-CARVALHO LOPES, Petitioner, v. Michael B. MUKASEY, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 21, 2008.

Attorney(s) appearing for the Case

Steven Lyons, Law Offices of Martin C. Liu, PLLC, New York, NY, for Petitioner.

David E. Dauenheimer, Senior Litigation Counsel (Peter D. Keisler, Assistant Attorney General, Civil Division, Richard Evans, Assistant Director, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent.

Before: WINTER, STRAUB, and SOTOMAYOR, Circuit Judges.

STRAUB, Circuit Judge:

Petitioner Edson Silva-Carvalho Lopes ("Silva") seeks review of the April 3, 2007 order of the Board of Immigration Appeals ("BIA") affirming the September 16, 2005 decision of Immigration Judge ("IJ") Michael W. Straus denying his motion to reopen and rescind an in absentia order of removal. In re Edson Silva Carvalho Lopes, No. A79 737 403, 2007 WL 1196202 (BIA Apr. 3, 2007), aff'g No. A79 737 403 (Immig.Ct.Hartford, Sept. 16...

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