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SAKO v. GONZALES

No. 04-3426.

434 F.3d 857 (2006)

Raid Shaba SAKO, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 20, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Alan M. Anzarouth, San Diego, California, for Petitioner. Ethan B. Kanter, Michael P. Lindemann, United States Department of Justice, Washington, D.C., for Respondent.

Before: BOGGS, Chief Judge; GIBBONS, Circuit Judge; and ROSE, District Judge.

BOGGS, Chief Judge.

The Fifth Amendment to the Constitution guarantees due process of law to aliens in a removal proceeding. Reno v. Flores, 507 U.S. 292, 306, 113 S.Ct. 1439, 123 L.Ed.2d 1 (1993). When an alien makes a claim of ineffective assistance of counsel in a removal proceeding he "carries the burden of establishing that ineffective assistance of counsel prejudiced him or denied him fundamental fairness in order to prove...

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