JUPITER v. ASHCROFT

No. 04-1649.

396 F.3d 487 (2005)

Jean-Rony JUPITER, a/k/a Jean R. Jupiter, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided February 8, 2005.


Attorney(s) appearing for the Case

Raymond Kline on brief for petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Christopher C. Fuller, Senior Litigation Counsel, and William C. Minick, Attorney, Office of Immigration Litigation, on brief for respondent.

Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges.


SELYA, Circuit Judge.

The petitioner, Jean-Rony Jupiter, seeks review of a final order of the Board of Immigration Appeals (BIA) denying his second motion to reopen his removal proceeding. His petition founders on procedural shoals.

The facts are straightforward. In 1995, the petitioner, a Haitian national, entered the United States illegally and became a resident of the Virgin Islands. Two years later, the Immigration and Naturalization Service (INS) instituted...

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