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RAMADAN v. GONZALES

No. 03-74351.

427 F.3d 1218 (2005)

Neama El Sayed RAMADAN; Gasser Hisham El Gendy, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2005.

Attorney(s) appearing for the Case

Amos Lawrence, San Francisco, CA, for the petitioners.

Carl H. McIntyre, Jr., Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before: PREGERSON, HAWKINS, and THOMAS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge.

In an issue of first impression in this circuit, we address the effect of the recently passed REAL ID Act, Pub L. No. 109-13 § 106(a) (2005), on our jurisdiction to review an agency decision under 8 U.S.C. § 1158(a)(2). In this case, the immigration judge ("IJ") determined that the petitioner was ineligible to apply for asylum because the asylum application was not filed within...

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