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Camaj v. Holder, 09-3926

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By FindLaw Staff on November 08, 2010 3:22 PM

Petition for review, brought by a native and citizen of the former Yugoslavia, BIA's denial of motion to reopen dismissed

Camaj v. Holder, 09-3926, concerned a petition for review brought by a native and citizen of the former Yugoslavia of the BIA's affirmance of an IJ's denial of his motion to reopen proceedings after the issuance of an in absentia deportation order.

In denying the petition, the court held that the service upon petitioner's counsel by certified mail fulfilled the notice requirement of section 1252(a)(2).  Thee court then dismissed the petitioner's alternative claim that the IJ abused her discretion when she ordered him deported in absentia for failing to appear because he arrived only 40 minutes late to his hearing, and only six minutes after she had entered the order against him, for lack of jurisdiction as petitioner presented this argument for the first time on appeal.

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