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Anin v. Reno

United States Court of Appeals for the Eleventh Circuit
188 F.3d 1273 (1999)


Facts

Anin (defendant) remained in the United States unlawfully after being admitted for a brief period as an “alien in transit.” Three years later, he married a United States citizen. The INS determined that the marriage was a sham and Anin was taken into custody. He filed for asylum and his wife filed for permanent resident status on his behalf. Although notice of Anin's hearing was received by someone in his attorney's office, the attorney did not inform Anin of the hearing and he was ordered deported in absentia. The attorney filed a motion to reopen because of lack of notice but was denied because someone in his office had received notice. The Board of Immigration appeals affirmed the denial, but the attorney never informed Anin of the Board's decision. After a letter ordered him to report for deportation, Anin discovered the appeal had failed and that his attorney had received notice of the original hearing.  Anin filled a new motion to reopen based on ineffective assistance of counsel nearly two years after the first deportation order was issued. The Board denied the motion and Anin then petitioned to the Court of Appeals for the Eleventh Circuit for review.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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