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HANAN v. MUKASEY

No. 07-1203.

519 F.3d 760 (2008)

Babray HANAN, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: March 14, 2008.

Attorney(s) appearing for the Case

Herbert Igbanugo, argued, Minneapolis, MN (Dyan Williams, Minneapolis, on the brief), for petitioner.

Dalin Riley Holyoak, USDOJ, OIL, argued, Carl H. McIntyre, Jr., USDOJ, OIL, on the brief, Washington, D.C., for respondent.

Before MURPHY, HANSEN and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Babray Hanan, a citizen of Afghanistan, petitions for review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen his immigration proceedings. For the reasons discussed below, we deny the petition in part and dismiss the remainder for lack of subject matter jurisdiction.

I. BACKGROUND

In 1980, Hanan, a member of the Pashtun ethnic group, was paroled into the United States after the Soviet...

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