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ISHAK v. GONZALES

Nos. 03-2736, 04-1138.

422 F.3d 22 (2005)

Tito Ibrahim Barsoum ISHAK, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. Tito Ibrahim Barsoum Ishak, Petitioner, Appellant, v. Alberto R. Gonzales, Attorney General, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided September 6, 2005.

Attorney(s) appearing for the Case

Anthony Drago, Jr., for petitioner, appellant.

Ernesto H. Molina, Jr., Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and David V. Bernal, Assistant Director, were on brief for respondent, appellee.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and GERTNER, District Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

When we heard argument, two matters were consolidated before us: (1) Ishak's petition for review of the Board of Immigration Appeals' (BIA) denial of his motion to reconsider its decision refusing him asylum and ordering his removal; and (2) Ishak's appeal from the district court's dismissal, for lack of subject matter jurisdiction, of the habeas corpus petition he had brought to contest...

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