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NUGENT v. ASHCROFT

Nos. 02-4329, 04-1541.

367 F.3d 162 (2004)

Errol O'Neil NUGENT, Petitioner v. John ASHCROFT, Attorney General of the United States, Respondent Errol O'Neil Nugent, Appellant v. Patricia Mullin, Assoc. Special Agent in Charge of the Philadelphia Office of United States Immigration and Customs and Enforcement (USICE) of the Department of Homeland Security; Theodore Nordmark, Assistant District Director for Deportation and Detention of USICE in Philadelphia the Department of Homeland Security, Appellees

United States Court of Appeals, Third Circuit.

Filed May 7, 2004.

Submitted March 22, 2004.

Attorney(s) appearing for the Case

Steven A. Morley (Argued), Morley, Surin & Griffin, P.C., Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, William C. Minick, Anthony C. Payne, Jamie M. Dowd (Argued), Office of Immigration Litigation, Civil Division, United States Justice Department, Washington, D.C., for Respondent.

Before: SLOVITER, RENDELL and ALDISERT, Circuit Judges.

Submitted under Third Circuit LAR 34.1(a) March 22, 2004.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In the petition by Errol O'Neil Nugent at No. 02-4329 for review of a final order of removal by the Board of Immigration Appeals ("BIA"), we must decide whether we have jurisdiction inasmuch as Nugent was ordered removed from the United States under 8 U.S.C. § 1227(a)(2)(A)(ii) for having been convicted of two crimes involving moral turpitude...

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