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HAMOUI v. ASHCROFT

Nos. 02-72480, 03-35082, 03-35286.

389 F.3d 821 (2004)

Safouh HAMOUI; Hanan Ismail; Sozan Hamoui; Nadin Hamoui; Rham Hamoui, Petitioners, v. John ASHCROFT, Attorney General, Respondent. Safouh Hamoui; Hanan Ismail; Nadin Hamoui; Rham Hamoui, Petitioners-Appellants, v. William Johnston, District Director; Immigration and Naturalization Service, Respondents-Appellees, Aaron G. Wilson, Respondent. Safouh Hamoui; Hanan Ismail; Nadin Hamoui; Rham Hamoui, Petitioners-Appellees, v. Aaron G. Wilson, Interim District Director; Bureau of Immigration and Customs Enforcement, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 2004.

Attorney(s) appearing for the Case

Bernice Funk; Michael B. King, Lane, Powell, Spears, Lubersky, LLP; Seattle, WA, for the petitioners/appellants/cross-appellees.

Andrew C. Maclachlan, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondents/appellees/cross-appellants.

Before: CANBY, WARDLAW, and GOULD, Circuit Judges.

CANBY, Circuit Judge:

Safouh Hamoui brings before us a petition for review of an order of the Board of Immigration Appeals ("BIA"), as well as an appeal from the district court.1 The petition for review is determinative here. The BIA denied as untimely Hamoui's motion to reopen his deportation proceedings to present a claim for relief under the Convention Against Torture.2 The BIA

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