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VALBRUN v. HOGAN

Docket No. 05-3540 AG.

439 F.3d 136 (2006)

Carl Elie VALBRUN, Petitioner, v. Thomas HOGAN, Warden, York County Prison, Thomas Decker, Deputy Director of the Department of Homeland Security, and Michael Chertoff, Secretary of the Department of Homeland Security, Respondents.

United States Court of Appeals, Second Circuit.

Decided: February 22, 2006.

Attorney(s) appearing for the Case

Valerie A. Burch, Pennsylvania Immigration Resource Center, York, PA, for Petitioner.

Janice K. Redfern, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondents.

Before: WINTER, CABRANES, and SACK, Circuit Judges.

PER CURIAM.

We consider here petitioner Carl Elie Valbrun's motion to reinstate his petition for review, which this Court dismissed on October 27, 2005 after Valbrun filed an unopposed motion voluntarily withdrawing his appeal. The petition for review alleges that an immigration judge ("IJ") violated Valbrun's Fifth Amendment due process rights by failing to advise him that he had the opportunity to request relief from removal under the United Nations Convention Against...

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