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SAYYAH v. FARQUHARSON

No. 03-1802.

382 F.3d 20 (2004)

Constantine E.O. SAYYAH, Petitioner, Appellant, v. Stephen J. FARQUHARSON; Frederick B. McDonald, Sheriff, Franklin County House of Correction, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided August 30, 2004.

Attorney(s) appearing for the Case

Myles Jacobson for appellant.

Lyle D. Jentzer, Attorney, Office of Immigration Litigation, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and Christopher C. Fuller, Senior Litigation Counsel, were on brief for appellees.

Before HOWARD, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

CAMPBELL, Senior Circuit Judge.

This appeal from the district court's dismissal of a petition for habeas corpus questions whether 8 U.S.C. § 1252(d)— which bars court review of a final order of removal unless the alien has exhausted all administrative remedies as of right—applies to such petitions. The district court held that it does and we agree.

I. Background

The facts are not in dispute. Appellant, Constantine E.O. Sayyah,...

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