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CANAVERAL TOBAN v. ASHCROFT

No. 03-1958.

385 F.3d 40 (2004)

Martin E. CANAVERAL TOBAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided September 22, 2004.

Attorney(s) appearing for the Case

Walter J. Gleason for petitioner.

William C. Minick, Attorney, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and Christopher C. Fuller, Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Before LYNCH and LIPEZ, Circuit Judges, and ROSENN, Senior Circuit Judge.

LIPEZ, Circuit Judge.

Petitioner Martin E. Canaveral Toban ("Canaveral"), a native and citizen of Colombia, seeks review of the Board of Immigration Appeals' (BIA) denial of his motion to reopen its summary affirmance of the Immigration Judge's (IJ) deportation order. Recognizing that some of Canaveral's claims were not properly raised in a motion to reopen, the BIA treated his motion as both a motion to reopen and a motion...

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