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GUAYLUPO-MOYA v. GONZALES

Docket No. 04-5479 PR.

423 F.3d 121 (2005)

Arturo Rafael GUAYLUPO-MOYA, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General of the United States, Edward McElroy, New York District Director for Immigration and Naturalization Service, Ins, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 12, 2005.

Attorney(s) appearing for the Case

Jorge Guttlein, Aranda & Guttlein, New York, NY, for Petitioner-Appellant.

Patricia L. Buchanan, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York; Kathy S. Marks, Assistant United States Attorney, on the brief), for Respondents-Appellees.

Before: KEARSE, JACOBS, and STRAUB, Circuit Judges.

STRAUB, Circuit Judge.

Petitioner-appellant Arturo Rafael Guaylupo-Moya brought a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging a final administrative order of removal by the Board of Immigration Appeals ("BIA"), and he now appeals from the judgment of the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge) denying his petition in an unpublished...

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