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SAINTHA v. MUKASEY

No. 06-2304.

516 F.3d 243 (2008)

Mackentoch SAINTHA, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 2008.

Attorney(s) appearing for the Case

ARGUED: John R. Ingrassia, Proskauer & Rose, L.L.P., Washington, D.C.; Elizabeth Hutton McGrail, Capital Area Immigrants' Rights Coalition, Washington, D.C., for Petitioner. Janice Kay Redfern, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before GREGORY and DUNCAN, Circuit Judges, and James A. BEATY, Jr., Chief United States District Judge for the Middle District of North Carolina, sitting by designation.

Petition for review dismissed in part and denied in part by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Judge BEATY joined.

OPINION

DUNCAN, Circuit Judge:

The petitioner, Mackentoch Saintha ("Saintha"), was admitted to this country as a refugee and was subsequently granted lawful permanent resident status. When later convicted of an aggravated felony and placed into removal proceedings, Saintha sought relief pursuant...

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