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HUSSAIN v. GONZALES

No. 05-2350.

477 F.3d 153 (2007)

Afzal HUSSAIN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Jennifer Sheethel Varughese, Herndon, Virginia, for Petitioner.

Ernesto Horacio Molina, II, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Joe W. Nesari, Law Offices of J.W. Nesari, L.L.C., Herndon, Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, Civil Division, M. Jocelyn Lopez Wright, Assistant Director, Office of Immigration Litigation, Song E. Park, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before NIEMEYER, Circuit Judge, HAMILTON, Senior Circuit Judge, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Petition denied by published opinion. Judge FLOYD wrote the majority opinion, in which Judge NIEMEYER concurred. Senior Judge HAMILTON wrote a dissenting opinion.

OPINION

FLOYD, District Judge.

Afzal Hussain, a native and citizen of Pakistan, petitions this Court for review of an order of the Board of Immigration Appeals (Board) denying his appeal from the immigration judge's order which denied his motion to reopen and disposed of his motion to remand...

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