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SOUSA v. ASHCROFT

No. 04-1678.

393 F.3d 271 (2005)

Bernardino SOUSA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided January 3, 2005.

Attorney(s) appearing for the Case

Stephen A. Lagana on brief for petitioner.

Saul Greenstein, Attorney, Office of Immigration Litigation, Civil Division, Peter D. Keisler, Assistant Attorney General, Civil Division, and John C. Cunningham, Senior Litigation Counsel, on brief for respondent.

Before LYNCH, Circuit Judge, LEVAL, Senior Circuit Judge, LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

Immigration cases in which removal orders are entered in absentia may raise issues of unfairness or arbitrary actions by the agency. See, e.g., Herbert v. Ashcroft, 325 F.3d 68 (1st Cir.2003). This case is not one of them, and we affirm the agency.

In this case, Bernardino Sousa, who is married (and was once before) to a United States citizen, seeks to forestall execution of a removal order issued...

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