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BAH v. GONZALES

No. 05-2734.

457 F.3d 838 (2006)

Sadou BAH, Petitioner, v. Alberto GONZALES, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2006.

Attorney(s) appearing for the Case

Counsel who represented the petitioner were Herbert A. Igbanugo and Riddhi Jani of Minneapolis, MN.

Counsel who represented the respondent was Andrew J. Lay, AUSA, of St. Louis, MO.

Before MURPHY, BYE, and MELLOY, Circuit Judges.

PER CURIAM.

Liberian citizen Sadou Bah petitions for review of an order of the Board of Immigration Appeals (BIA) finding lack of jurisdiction to entertain Bah's appeal of an Immigration Judge's (IJ's) denial of his motion to reopen removal proceedings. The BIA erroneously found that Bah had failed to argue, in his brief to the BIA, that his appeal waiver was not knowing and intelligent. We thus remand the case to the BIA for it to determine in the first instance...

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