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GHOUNEM v. ASHCROFT

No. 03-2835.

378 F.3d 740 (2004)

Walid Aly Abola GHOUNEM, Petitioner, v. John ASHCROFT, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed August 4, 2004.

Attorney(s) appearing for the Case

Gene McNary, argued, St. Louis, MO, for petitioner.

Jennifer Keeney, argued, U.S. Department of Justice, Washington, D.C. (Greg D. Mack, DOJ, Washington, D.C. on the brief), for respondent.

Before MORRIS SHEPPARD ARNOLD, McMILLIAN, and MELLOY Circuit Judges.

MELLOY, Circuit Judge.

Walid Aly Abola Ghounem ("Ghounem") petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirmed without opinion an Immigration Judge's ("IJ's") denial of his Motion to Reopen his case. For the reasons stated below, we grant the petition for review and remand the case to the BIA with instructions.

I. Facts

This case has a long procedural history, most of which is irrelevant to the issue we must...

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