Tameshwar Sewak v. Immigration and Naturalization Service

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Petitioner Tameshwar Sewak (Sewak) seeks review of a final order of the Board of Immigration Appeals (BIA) upholding an immigration judge’s deportation order. The immigration judge’s order was entered in absentia and directed Sewak’s return to his country of origin, Guyana. Sewak claims that he did not receive notice of his deportation hearing before the immigration judge, in violation of his constitutional right to due process and his statutory right to a “reasonable opportunity to be present” at his own deportation hearing.

Instead, Sewak states,…