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MARIUTA v. GONZALES

Docket No. 02-4460-AG.

411 F.3d 361 (2005)

Elena MARIUTA, also known as Elena Mariuta Nadolo, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 10, 2005.

Attorney(s) appearing for the Case

Thomas E. Moseley, Newark, NJ, for Petitioner.

Mark Chestnutt, Office of Immigration Litigation (Peter D. Keisler, Assistant Attorney General, Civil Division; Linda S. Wernery, Senior Litigation Counsel, and Susan W. Berry, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, DC, for Respondent.

Before: WALKER, Chief Judge, LEVAL, Circuit Judge, and DUPLANTIER, District Judge.

JOHN M. WALKER, Jr., Chief Judge.

Petitioner Elena Mariuta Nadolo asks this court to review the August 20, 2002 decision of the Board of Immigration Appeals ("BIA") denying her motion to reopen her deportation proceedings. Order In re: Elena Mariuta a.k.a. Elena Nadolo, File A71 496 991 (BIA Aug. 20, 2002) ("BIA Order"). At oral argument, respondent challenged for the first time this court's jurisdiction to review Nadolo's petition under the transitional...

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