Alrefae v. Chertoff

SOTOMAYOR, Circuit Judge.

Abdoh Ahmed Alrefae, a citizen of Yemen, petitions for review of a June 2, 2004 order of the Board of Immigration Appeals (“BIA”) affirming without opinion a July 15, 2003 decision of Immigration Judge (“IJ”) Philip J. Montante, Jr., denying Al-refae’s motion to rescind an in absentia order of removal and to reopen removal proceedings on the basis of new evidence. In re Abdoh Ahmed Alrefae, No. A 29 001 867 (B.I.A. June 2, 2004), aff'g No. A 29 001 867 (Immig. Ct. Buffalo July 15, 2003). In 1997, Alrefae became a lawful permanent resident on a conditional basis as a…