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AMOUZADEH v. WINFREY

No. 04-50903.

467 F.3d 451 (2006)

Manoutcher AMOUZADEH, Petitioner-Appellant, v. Graciela WINFREY, as Interim Field Office Director for Detention and Removal for the Bureau of Immigration and Customs Enforcement; U.S. Immigration and Customs Enforcement, as an agency of the Government of the United States of America; Department of Homeland Security, as an agency of the Government of the United States of America; Michael Chertoff, Secretary, Department of Homeland Security; Alberto R. Gonzales, U.S. Attorney General, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 5, 2006.

Attorney(s) appearing for the Case

Yvette Marie Mastin (argued), Houston, TX, for Amouzadeh.

Gary Layton Anderson (argued), San Antonio, TX, for Respondents-Appellees.

Before HIGGINBOTHAM, DeMOSS and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Manoutcher Amouzadeh appeals the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition, which challenged an order of removal by the Board of Immigration Appeals ("BIA"). The issues are (1) whether unlawful procurement of naturalization in violation of 18 U.S.C. § 1425(a) is a crime involving moral turpitude under section 237(a)(2)(A)(ii) of the Immigration and Naturalization Act, as amended ("INA"),

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