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IBE v. GONZALES

No. 04-1824.

415 F.3d 142 (2005)

Bernard CHICKWENDU IBE, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 14, 2005.

Attorney(s) appearing for the Case

Derege B. Demissie and Demissie & Associates on brief, for petitioner.

Deborah N. Misir, Trial Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Peter D. Keisler, Assistant Attorney General, Civil Division, and Julia Doig Wilcox, Senior Litigation Counsel, on brief, for respondent.

Before TORRUELLA, SELYA, and LYNCH Circuit Judges.

LYNCH, Circuit Judge.

The only question presented is whether an immigrant charged with removal (based on overstaying a visa and on marriage fraud) was denied due process when the Immigration Judge (IJ) during the removal hearing inadvertently failed to record testimony of two witnesses but then recreated a record of their testimony, with the assistance of counsel, from her notes. There was no denial of due process. The petition for review is denied. The effect of...

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