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SIMO v. GONZALES

No. 05-2118.

445 F.3d 7 (2006)

Erind SIMO, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided April 11, 2006.

Attorney(s) appearing for the Case

Charles Christophe on brief for petitioner.

H.S. García, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Senior Appellate Attorney in Charge, and Jaqueline D. Novas, Assistant United States Attorney, on brief for respondent.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

STAHL, Senior Circuit Judge.

In May of 2001, Erind Simo, a native and citizen of Albania, arrived in the United States on a falsified passport. At the time of his arrival he was twenty years old. What was then the Immigration and Naturalization Service (INS) detained Simo as he entered the country, and the Department of Homeland Security, successor agency to the INS, now seeks to remove him to his native Albania. After a hearing before an Immigration Judge (IJ), Simo...

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