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WILLIAM v. GONZALES

No. 06-1284.

499 F.3d 329 (2007)

Tunbosun Olawale WILLIAM, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. American Immigration Law Foundation, Amicus Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: September 6, 2007.

Attorney(s) appearing for the Case

ARGUED: Craig D. Margolis, Vinson & Elkins, Washington, D.C., for Petitioner. Daniel Eric Goldman, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. ON BRIEF: Tirzah S. Fitzkee, Amy L. Riella, Vinson & Elkins, Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, Civil Division, M. Jocelyn Lopez Wright, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. Trina Realmuto, Beth Werlin, American Immigration Law Foundation, Washington, D.C., for Amicus Supporting Petitioner.

Before WILLIAMS, Chief Judge, and MICHAEL and SHEDD, Circuit Judges.

Petition for review granted; order vacated by published opinion. Judge SHEDD wrote the majority opinion, in which Judge MICHAEL joined. Chief Judge WILLIAMS wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge:

Tunbosun Olawale William petitions for review of an order of the Board of Immigration Appeals ("BIA") holding that it could not consider his motion to reopen immigration proceedings which was filed after he had been removed from the United...

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