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GREGOIRE v. HOLDER

No. 09-60254.

635 F.3d 159 (2011)

Marie Ives GREGOIRE, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 4, 2011.

Attorney(s) appearing for the Case

Raed Gonzalez, Sr. Atty., Garza & Associates, Bellaire, TX, Bruce James Godzina , Foster Quan, L.L.P., Houston, TX, for Petitioner.

Luis Enrique Perez and John Clifford Cunningham, I , Sr. Lit. Counsels, Tangelia Cox , Claire L. Workman , Trial Atty., U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Before REAVLEY, JOLLY and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Marie Gregoire petitions for review of a Board of Immigration Appeals order reversing an Immigration Judge's decision, sua sponte, to reopen her motion for application of asylum and withholding of removal, in order to establish that exceptional circumstances caused her not to appear at a hearing, which resulted in her being removed in absentia to Haiti, her native country. The BIA found, and we agree, that a specific statutory...

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