Camaj v. Immigration & Naturalization Service

DAVID A. NELSON, Circuit Judge.

The petitioner seeks review of an order in which the Board of Immigration Appeals dismissed an appeal from the denial of a motion to reopen a proceeding where *466a deportation order had been issued in absentia. We believe there is a question as to whether the petitioner was given proper notice of the hearing at which he failed to appear. Written notice had been served on the petitioner’s lawyer, but had not been served on the petitioner in person—as it should have been, under the applicable statute, if practicable. Because the practicability question has not been…