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MILLER v. SESSIONS

No. 15-72645.

889 F.3d 998 (2018)

Dorna Alicia MILLER, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2018.

Attorney(s) appearing for the Case

Kari E. Hong , (argued), Boston College Law School, Newton, Massachusetts, for Petitioner.

Aimee J. Carmichael , (argued), Trial Attorney; Mary Jane Candaux , Assistant Director; Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Paul J. Watford and Michelle T. Friedland, Circuit Judges, and Jed S. Rakoff, Senior District Judge.

OPINION

This case requires us to interpret the interplay between two provisions of the Immigration and Nationality Act. One provision, 8 U.S.C. § 1229a(b)(5), authorizes immigration judges to order non-citizens removed from the country in absentia — that is, in the person's absence. Such orders...

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