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OSAKWE v. MUKASEY

No. 07-1714.

534 F.3d 977 (2008)

Arthur Ezeakor OSAKWE, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2008.

Attorney(s) appearing for the Case

Timothy E. Wichmer, Bernhardt & Wichmer, St. Louis, MO, argued, for Petitioner.

Hillel Ryder Smith, argued, Greg D. Mack, on the brief, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

BRIGHT, Circuit Judge.

Appellant, Arthur Ezeakor Osakwe ("Osakwe"), petitions for review of an order of the Board of Immigration Appeals ("BIA") denying Osakwe's motion to remand his case for an adjustment of status on the basis of his second marriage to a United States citizen. We vacate the BIA's order and remand for further proceedings consistent with this opinion.

On appeal, Osakwe argues that the BIA's denial of his motion for adjustment of status: (1...

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