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AL MUTARREB v. HOLDER

No. 04-75676.

561 F.3d 1023 (2009)

Hani Abdulmalek AL MUTARREB, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2009.

Attorney(s) appearing for the Case

Robert B. Jobe, Katherine M. Lewis, and Lina Baroudi, Law Office of Robert B. Jobe, San Francisco, CA, for the petitioner.

Gregory G. Katsas, David M. McConnell, and Patrick J. Bumatay (argued), U.S. Department of Justice, Washington, D.C., for the respondent.

Before: A. WALLACE TASHIMA, MARSHA S. BERZON and N. RANDY SMITH, Circuit Judges.

BERZON, Circuit Judge:

Hani Abdulmalek Al Mutarreb, a native and citizen of Yemen, was ordered removed in absentia and moved to reopen his proceedings. The immigration judge ("IJ") denied his motion to reopen, and the Board of Immigration Appeals ("BIA") affirmed the IJ's denial. Al Mutarreb petitions for review. He maintains that he did not receive notice of the pendency of proceedings in accordance with 8 U.S.C. § 1229(a)(1)(F), and argues that his motion to...

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