GOMEZ-PALACIOS v. HOLDER

No. 07-60938.

560 F.3d 354 (2009)

Marlon Jesus GOMEZ-PALACIOS, Petitioner, v. Eric H. HOLDER, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

February 18, 2009.


Attorney(s) appearing for the Case

Martin Avila Robles, Law Offices of Martin R. Guajardo, San Francisco, CA, for Petitioner.

Kathryn M. McKinney, Thomas Ward Hussey, Director, Anh-Thu P. Mai, U.S. Dept. of Justice, Office of Immigration Lit., Washington, DC, Mario R. Ortiz, San Antonio, TX, for Respondent.

Before KING, BENAVIDES and CLEMENT, Circuit Judges.


BENAVIDES, Circuit Judge:

Marlon Jesus Gomez-Palacios petitions this court for review of the Board of Immigration Appeals' ("BIA") decision denying his appeal from a decision of the Immigration Judge ("IJ") that denied his motion to reopen proceedings and to rescind the order of removal that was entered against him in absentia. Gomez-Palacios argues that because he did not actually receive the required statutory notice of the hearing date, the BIA's decision denying...

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