Hussien

MEMORANDUM *

Mohamedhabib- Ahmedin Hussien petitions for review of two decisions of the Board of Immigration Appeals (BIA): one denying his direct appeal from the entry of an in absentia order of removal, and one affirming the denial of his motion to reopen and rescind. Because we agree with the BIA that it lacked jurisdiction over Petitioner’s direct appeal from the entry of the in absentia order of removal, we deny the first petition, No. 05-72232. We grant the second petition, No. 05-71255, however, because the agency did not sustain its burden of proving that the petitioner was removable.

Mr. Hussien, who had previously been married and divorced under Sharia religious law, entered into a civil marriage with Semira Hussien, a U.S. citizen, in Ethiopia and then emigrated with his new wife to the United States. In the petition for an immigrant visa that he filed with the U.S. consulate in Ethiopia, he failed to disclose his prior religious marriage and divorce. In 2000, the petitioner and his wife filed a visa petition to bring the petitioner’s three children to the United States and for the first time disclosed information concerning his previous marriage. Before the…