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RAY v. GONZALES

No. 03-72501.

439 F.3d 582 (2006)

Jaib Singh RAY, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Opinion withdrawn February 23, 2006.

Filed March 1, 2006.

Attorney(s) appearing for the Case

Abbe M. Goncharsky, Lewis and Roca LLP, Tucson, AZ, for the petitioner.

Kristin Cabral, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge.

Jaib Singh Ray, a native and citizen of India, seeks asylum in the United States. An immigration judge (IJ), however, denied Ray's application for asylum, and the Board of Immigration Appeals (BIA) summarily affirmed the IJ's decision because Ray failed to file a brief on appeal. Ray submitted to the BIA two motions to reopen his case, and the BIA denied both of these motions on procedural grounds. Ray now petitions for review of...

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