Giorgi Maghradze v. Alberto R. Gonzales, Attorney General of the United States
Court of Appeals for the Second Circuit
1Opinion of the Court
JACOBS, Circuit Judge.
Giorgi Maghradze (“Maghradze”) petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the order of Immigration Judge Michael Rocco (“IJ”), which denied Ma-ghradze’s motions to rescind an in absen-tia order of removal and to re-open removal proceedings. See In re Giorgi Maghradze, No. A 79 072 367 (B.I.A. Nov. 7, 2005), aff'g No. A 79 072 367 (Immig. Ct. Buffalo August 17, 2005). The BIA [i] determined that an alien who was in constructive receipt of notice of his pending removal hearing is ineligible for rescission of an in absentia…
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