In a petition for review of the BIA's dismissal of petitioner's appeal from an immigration judge's denial of his motion to reopen an in absentia removal order, the petition is granted where the BIA failed to serve petitioner's counsel of record with a hearing notice.
Argued and Submitted June 9, 2009
Filed December 21, 2009
Opinion by Judge Bea
Marjan H. Bahmani, Encino, CA
Ronald E. LeFevre, John J. W. Inkeles, M. Jocelyn Lopez Wright, U.S. Department of Justice, Washington, DC