Simtion, Raducu v. Gonzales, Alberto

ORDER

After being denied asylum, Romanian-native Raducu Simtion sought to adjust his immigration status based on his marriage to a lawful permanent resident. He failed, however, to attend his adjustment-of-status hearing and was ordered deported in absentia. He attempted to rescind the in absentia order by motioning to reopen his proceedings, but he failed to attend the motion hearing. Thus, the motion to reopen was denied. Four years later, Simtion tried again: he filed a second motion to reopen, in which he argued that he did not receive notice of the motion hearing. He now petitions for…