DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041939P.pdf   05/12/2005  James Wamiti Kanyi  v.  John Ashcroft
   U.S. Court of Appeals Case No:  04-1939
                          and No:  04-2727
   Agency   
   Petition for Review - immigration. Decision to deny motion to reopen 
   removal proceedings was not an abuse of discretion. Motion to reopen 
   order of removal entered in absentia was not filed within 180 days and 
   even if time could be equitably tolled based on ineffective assistance of 
   counsel, petitioner is not entitled to relief because record shows petitioner 
   knew or should have known that his attorney had notice of rescheduled 
   hearing and had been inadequate. Petitioner did not exercise due 
   diligence in filing motion to reopen. [PUBLISHED] [Bowman, Author, 
   with M. Arnold and Gruender, Circuit Judges]