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OUK v. MUKASEY

No. 08-1145.

551 F.3d 82 (2008)

Contha OUK, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Jessica Smith Bobadilla and Law Office of Jessica Smith Bobadilla on brief for petitioner.

Corey L. Farrell, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Gregory G. Katsas, Assistant Attorney General, and Terri J. Scadron, Assistant Director, on brief for respondent.

Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and GARCIA-GREGORY, District Judge.

LYNCH, Chief Judge.

Petitioner Contha Ouk was ordered removed to his native Cambodia when he did not appear at his January 22, 2004 removal hearing. He had filed, in May 2003, an application for asylum and supporting documents through a supposed paralegal, whom Ouk identifies variously as Sok Sombath and Mr. Sokhom. Notice of the hearing was sent to Ouk's address of record. The order of removal was sent to the same address, but was returned.

In July 2006,...

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