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NATIVI-GOMEZ v. ASHCROFT

No. 02-3356.

344 F.3d 805 (2003)

Francisco Javier Nativi-Gomez, Petitioner, v. John Ashcroft, Attorney General of the United States, Respondent. American Immigration Law Foundation; American Immigration Lawyers Association, Minnesota/Dakotas, Iowa/Nebraska, and Missouri/Kansas Chapters, Amici on Behalf of Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: September 26, 2003.

Order Denying Petition for Rehearing and for Rehearing January 13, 2004.

Attorney(s) appearing for the Case

Bart A. Chavez, argued, Omaha, NE, for appellant.

Ernesto H. Molina, Jr., argued, Justice Department, Washington, DC, for appellee.

Before BOWMAN, MURPHY, and BYE, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc January 13, 2004.

BOWMAN, Circuit Judge.

Francisco Javier Nativi-Gomez appeals the dismissal of his motion to reopen his deportation proceedings. We affirm.

Nativi-Gomez entered the United States in 1984 without inspection. The Immigration and Naturalization Service (INS) took him into custody in 1998 and initiated removal proceedings because he was deportable as an inadmissible alien....

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