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DALOMBO FONTES v. GONZALES

No. 05-1755.

483 F.3d 115 (2007)

Antonio DALOMBO FONTES, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided March 30, 2007.

Attorney(s) appearing for the Case

Randy Olen for petitioner.

Terri J. Scadron, Assistant Director, Office of Immigration Litigation Civil Division, United States Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and Anthony W. Norwood, Senior Litigation Counsel, were on brief for respondent.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

CAMPBELL, Senior Circuit Judge.

Antonio Fontes petitions for review of a deportation order and the denial of his motion to reopen, both the order and the denial having been issued by the Board of Immigration Appeals ("BIA" or "Board"). He makes two contentions: (1) that the order of deportation is barred by res judicata and (2) that the motion to reopen should have been allowed because he is eligible for a waiver of deportability pursuant to former Immigration and...

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