Vukmirovic, et al v. Holder, No. 05-75936 (9th Cir. 2011)
Annotate this CaseThe government petitioned for rehearing where petitioner was removed in absentia when he did not know about his removal proceeding hearing because he had moved from his previous address and failed to advise his new lawyer and the immigration court of his whereabouts. At issue was whether the court's original opinion constituted a departure from Ninth Circuit precedent and interpreted too broadly the "exceptional circumstances" safe harbor for aliens removed in absentia. The court granted the petition for rehearing and dismissed the petition for review where petitioner did not demonstrate the diligence necessary for a finding of exceptional circumstances and where there did not exist in the record any likelihood of relief.
This opinion or order relates to an opinion or order originally issued on September 8, 2010.
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