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KULHAWIK v. HOLDER

Docket No. 08-4582-ag.

571 F.3d 296 (2009)

Kazimierz KULHAWIK, Petitioner, v. Eric H. HOLDER Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 6, 2009.

Attorney(s) appearing for the Case

Richard A. Vrhovc, Clifton, NJ, for petitioner.

Jessica E. Sherman, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division (Michael F. Hertz, Acting Assistant Attorney General, and Michelle Gorden Latour, Assistant Director, on the brief), Washington, DC, for respondent.

Before CABRANES and HALL, Circuit Judges, and STEIN, District Judge.

PER CURIAM:

The Department of Homeland Security began removal proceedings against petitioner, a native and citizen of Poland, by means of a "Notice to Appear" that directed petitioner to appear before an Immigration Judge ("IJ") on November 30, 2007. Petitioner appeared before the IJ on November 30 and was personally served with a "Notice of Hearing" directing him to appear again on March 7, 2008. The Notice of Hearing explained that petitioner's failure to appear...

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