Aurelian Dobrota v. Iimmigration and Naturalization Service
Opinion
Opinion
Berzon, J.
On Petition for Review of an Order of the Board of Immigration Appeals. INS No. A70-664-059.
Aurelian Dobrota petitions for review of the Board of Immigration Appeals’ denial of his motion to reopen deportation proceedings after he was ordered deported in absentia pursuant to 8 U.S.C. § 1252b(c) (1995). He asserts that because neither he nor his attorney received notice of his deportation hearing, his deportation violated the statute and due process. We have jurisdiction over this matter pursuant to 8 U.S.C. § 1005a (1996), and grant Mr. Dobrota’s petition for review.
BACKGROUND
Aurelian Dobrota, a Romanian citizen, was admitted to the United States on or around January 5, 1993 as a “nonimmi-grant visitor for pleasure with authorization to remain in the United States for a temporary period not to exceed July 4, 1993.” Mr. Dobrota did not depart by July 4, 1993, however, but instead remained in the United States and filed an application for asylum. At some point during his asylum proceedings Mr. Dobro-ta hired attorney John Alcorn to represent him. In November 1993, Mr. Alcorn filed Form G-28 “Entry of Attorney” with the INS Asylum Office, stating that he now represented Mr.…