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ALMAGHZAR v. GONZALES

No. 04-35863.

450 F.3d 415 (2006)

Abdul R. ALMAGHZAR, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2006.

Attorney(s) appearing for the Case

Philip James Smith, Portland, OR, for petitioner-appellant Abdul R. Almaghzar.

Kenneth C. Bauman, Assistant United States Attorney, Portland, OR, for respondent-appellee Alberto Gonzales, Attorney General.

Before RAYMOND C. FISHER, RONALD M. GOULD, and CARLOS T. BEA, Circuit Judges.

GOULD, Circuit Judge.

Petitioner-Appellant Abdul Almaghzar (Almaghzar), a native and citizen of Yemen, appeals the district court's denial of his petition for a writ of habeas corpus. We construe his petition as a timely filed petition for review of a decision of the Board of Immigration Appeals (BIA).1 In his petition Almaghzar contends (1) that the frivolous asylum application bar was erroneously applied to his asylum application, (2...

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