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THEAGENE v. GONZALES

No. 02-71224.

411 F.3d 1107 (2005)

Elysee THEAGENE, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2005.

Attorney(s) appearing for the Case

Jaime Jasso, Esq., California Alien Rights Project, for petitioner.

Robert D. McCallum, Jr., Assistant Attorney General, Richard M. Evans, Assistant Director, Michelle R. Slack, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, for respondent.

Before: KLEINFELD and WARDLAW, Circuit Judges, and POGUE, International Trade Judge.

POGUE, International Trade Judge.

Elysee Theagene petitions the court for review of the Board of Immigration Appeals' final order of removal, arguing that (1) he is a citizen of the United States; (2) the BIA erred in granting a motion to reconsider its own decision that he was eligible for withholding of deportation; (3) the BIA erred in applying an intervening en banc decision to Petitioner's case on reconsideration; and (4) the BIA incorrectly applied the holding...

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