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during this period petitioner called him several times and sent
him a postcard from the Bahamas.
As the finder of fact, we find both petitioner and Mr.
Agbabiaka credible. We conclude that petitioner was outside the
United States on January 30, 1998--the day the notice was mailed.
Additionally, we conclude that, due to her absence, petitioner's
receipt of the notice was delayed, and this delay hampered
petitioner's ability to respond adequately to the notice. We
therefore conclude that petitioner was entitled to 150 days to
file her petition. Accordingly, respondent's motion to dismiss
shall be denied.
In reaching our holding herein, we have considered all
arguments made by the parties, and to the extent not mentioned
above, we find them to be irrelevant, moot, or without merit.
To reflect the foregoing,
An appropriate order will
be issued.
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Last modified: May 25, 2011