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FADIGA v. ATTORNEY GENERAL USA

No. 05-4910.

488 F.3d 142 (2007)

Soriba FADIGA, Petitioner v. ATTORNEY GENERAL USA, Respondent.

United States Court of Appeals, Third Circuit.

Filed: June 15, 2007.

Attorney(s) appearing for the Case

Daniel G. Anna, Esquire (argued), Anna & Anna, P.C., Media, PA, Counsel for Petitioner.

Patrick L. Meehan, Esquire, United States Attorney, Robert A. Zauzmer, Esquire, Assistant United States Attorney, Chief of Appeals, Emily McKillip, Esquire (argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, Richard M. Evans, Esquire, Nancy E. Friedman, Esquire, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Counsel for Respondent.

Before: FUENTES and GARTH, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

On May 7, 2004, an Immigration Judge (IJ) ordered that Soriba Fadiga be removed to Guinea. Fadiga moved to reopen the removal proceedings, Fadiga's counsel acknowledging that he had provided ineffective assistance in presenting Fadiga's application for asylum and withholding of removal under the Immigration and Nationality Act (INA) and protection under the Convention Against Torture (CAT). Before the IJ could...

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