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MAHMOOD v. GONZALES

No. 03-3760.

427 F.3d 248 (2005)

Syed MAHMOOD, Petitioner v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Filed October 27, 2005.

As Amended November 1, 2005.

November 30, 2005.

Attorney(s) appearing for the Case

Robert Frank, (Argued), Newark, NJ, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Barry J. Pettinato, Senior Litigation Counsel, David V. Bernal, Douglas E. Ginsburg, John D. Williams, William M. Martin, (Argued), United States Department of Justice, Office of Immigration, Litigation, Ben Franklin Station, Washington, D.C., for Respondent.

Before ALITO, AMBRO and FISHER, Circuit Judges.

AMBRO, Circuit Judge.

Syed Mahmood petitions for review of the decision by the Board of Immigration Appeals ("BIA") dismissing his appeal by agreeing with the Immigration Judge's ("IJ") denial of his motion to reopen as untimely filed. Though we conclude that Mahmood's allegations of ineffective assistance of counsel provide a basis for equitably tolling the relevant filing deadlines, we nonetheless deny the petition because...

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