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JOSEPH v. ATTORNEY GENERAL OF U.S.

No. 04-2885.

421 F.3d 224 (2005)

Marc Hilaire JOSEPH, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES; Department of Homeland Securtiy, Respondent.

United States Court of Appeals, Third Circuit.

Filed August 29, 2005.

As Amended September 20, 2005.

Attorney(s) appearing for the Case

Jennifer H. Kim, (Argued), Association of the Bar of the City of New York, Refugee Assistance Program, New York, NY, Karen E. Abravanel, Alex L. Wang, Simpson, Thacher & Bartlett, New York, NY, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Linda S. Wernery, Senior Litigation Counsel, William C. Minick, (Argued), U.S. Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, for Respondent.

Before SLOVITER, McKEE, and WEIS, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

Marc Hilaire Joseph petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the Immigration Judge's determination that he is deportable as charged, and denying his claim of derivative citizenship. Joseph contends that he is not subject to deportation because he is a United States national. Alternately, he asks us to transfer this matter to the District Court for a de novo...

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