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NAVARRO-CHALAN v. ASHCROFT

No. 03-1518.

359 F.3d 19 (2004)

Jose Teodoro NAVARRO-CHALAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided February 25, 2004.

Attorney(s) appearing for the Case

John P. Bueker, with whom Ropes & Gray LLP and Bradford E. Steiner were on brief, for petitioner.

Alison Marie Igoe, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and Michael P. Lindemann, Assistant Director, Office of Immigration Litigation, were on brief, for respondent.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

Jose Teodoro Navarro-Chalan, a native and citizen of Peru, was arrested by INS agents on February 20, 1996 for having overstayed his permission to be in this country. He was ordered deported in August 1998, and the BIA affirmed that order in March 2003. Navarro has never argued that he should be allowed to stay in the United States because he is legally here; he argues only that the INS arrest and later proceedings were so flawed as to entitle...

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