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OKEKE v. GONZALES

Nos. 03-1831, 03-4640.

407 F.3d 585 (2005)

Anderson Jude OKEKE, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 18, 2005.

Attorney(s) appearing for the Case

Joseph C. Hohenstein, Esq. (Argued), Nationalities Service Center, Philadelphia, PA, for Petitioner Anderson Jude Okeke.

James E. Grimes, Esq. (Argued), John D. Williams, Esq., Douglas E. Ginsburg, Esq., Linda S. Wernery, Esq., Mary Jane Candaux, Esq., United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, D.C., for Respondent Attorney General of the United States.

Before: NYGAARD, AMBRO, and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Anderson Jude Okeke, a native and citizen of Nigeria, petitions for review of two orders from the Board of Immigration Appeals ("BIA"). Those orders affirmed the Immigration Judge's ("IJ") decision that Okeke could not demonstrate the requisite continuous physical presence in the United States in order to qualify for cancellation of removal. Essentially, the BIA found that the "stop-time" provision (8 U.S.C. §...

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