Ouk v. Mukasey

LYNCH, Chief Judge.

Petitioner Contha Ouk was ordered removed to his native Cambodia when he did not appear at his January 22, 2004 removal hearing. He had filed, in May 2003, an application for asylum and supporting documents through a supposed paralegal, whom Ouk identifies variously as Sok Som-bath and Mr. Sokhom. Notice of the hearing was sent to Ouk’s address of record. The order of removal was sent to the same address, but was returned.

In July 2006, Ouk filed a motion to reopen, well beyond the 180-day limit that is permitted “if the alien demonstrates that [his] failure to appear was…