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UGOKWE v. U.S. ATTY. GEN.

No. 05-15237.

453 F.3d 1325 (2006)

Mildred Chikodili UGOKWE, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

June 28, 2006.

Attorney(s) appearing for the Case

Jason A. Dzubow, Law Office of Jason A. Dzubow, Washington, DC, for Petitioner.

Russell J.E. Verby and David V. Bernal, U.S. Dept. of Justice, Washington, DC, for Respondent.

Nadine K. Wettstein, American Immigration Law Foundation, Washington, DC, for American Immigration Law Foundation, Amicus Curiae.

Before ANDERSON, BARKETT and BOWMAN, Circuit Judges.

BARKETT, Circuit Judge:

Mildred Chikodili Ugokwe petitions for review of an order by the Board of Immigration Appeals ("BIA") denying her motion to reopen removal proceedings. She argues that both the immigration judge ("IJ") and the BIA erred by denying her timely filed motion to reopen, without reaching the merits of that motion, based solely on her failure to depart during the time allowed for voluntary departure. She claims the BIA's determination relied on legal...

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