Call Now For Help

732.580.1237

3rd Circuit Denies Appeal of Motion to Reopen Removal Proceedings

26
Feb
2011

by in Criminal Appeals

The U.S. 3rd Circuit Court of Appeals recently denied the Appeal of the petitioner’s Motion to Reopen Removal Proceedings.

The petitioner, an Indian national, EWI’d (entered without inspection) into the United States in 1996. The Immigration and Naturalization Service (predecessor to ICE) later arrested and detained him in Texas. On January 14, 1996, Patel was personally served with an Order to Show Cause, alleging that he was deportable because of his illegal entry.

Patel was later able to make bond and was let go. Patel’s family retained attorney Saul Brown in New York, who entered his appearance with the immigration court in Texas. Brown moved the court for a change of venue, which was granted. The case was then transferred to Newark, New Jersey. Brown was later notified that Patel’s master calendar hearing was scheduled for September 13, 1996.

Attorney Brown soon moved to withdraw from the case, stating that he had not “seen or heard from the respondent since the respondent was released from detention . . . .” At the time, Attorney Brown acknowledged that Patel’s next hearing was scheduled for September 13, 1996. Brown’s motion to withdraw was denied.

Patel failed to appear for his hearing, and was ordered deported in absentia on September 16, 1996. Notice of the order was mailed to Attorney Brown.

Thirteen years later, in September 2009, Patel filed a motion to reopen the proceedings. He argued that he had not received proper notice of the hearing. The IJ denied the motion, holding that Patel “was provided with proper notice of his deportation case.” The 3rd circuit held that the IJ did not abuse his discretion, and the decision of the IJ was upheld.

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.