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Gorgonio Sicaju-Diaz v. Eric H. Holder, Jr., Attorney General

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Before Boudin, Selya and Lipez, Circuit Judges.

Gorgonio Sicaju-Diaz is a citizen of Guatemala; he and his wife and three children (the youngest is 11 and a U.S. citizen, the oldest is 29) live in Rhode Island. Sicaju-Diaz was taken into custody by federal immigration officials over twenty years ago near Brownsville, Texas in June 1991. The then-responsible agency, the Immigration and Naturalization Service (“INS”), initiated deportation proceedings; three months later he filed an application for asylum.

After Sicaju-Diaz failed to appear for a hearing scheduled for October 1991, the immigration judge (“IJ”) issued a deportation order in absentia. Some ten years later, in December 2001, Sicaju-Diaz filed an application for suspension of deportation. He then moved to reopen his deportation proceedings, saying that he had never received notice of the 1991 hearing or the resulting decision; an IJ agreed to reopen and a series of hearings ensued between 2004 and 2008.

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