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CARTY v. ASHCROFT

No. 03-71392.

395 F.3d 1081 (2005)

Theophile CARTY, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2005.

Attorney(s) appearing for the Case

Matthew G. Ball (briefed and argued), Kirkpatrick & Lockhart, San Francisco, CA, for the petitioner.

Edward C. Durant (argued) and David E. Dauenheimer (briefed), Office of Immigration Litigation, Department of Justice, Washington, D.C., for the respondent.

Before: CANBY, JR., RYMER, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge.

We must decide whether "intent to evade" is synonymous with "intent to defraud" within the meaning of the removal provisions of the Immigration and Nationality Act ("INA"). Because we conclude the terms are synonymous, we dismiss the petition for review of Dr. Theophile Carty ("Carty"). Carty, a native of Anguilla, petitioned this court for relief from a Board of Immigration Appeals' ("BIA") decision affirming an Immigration Judge...

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