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FUSTAGUIO DO NASCIMENTO v. MUKASEY

No. 07-2608.

549 F.3d 12 (2008)

Luzia FUSTAGUIO DO NASCIMENTO, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided December 1, 2008.

Attorney(s) appearing for the Case

Jeffrey B. Rubin, on brief for petitioner.

Patrick J. Glen, Attorney, Office of Immigration Litigation, Civil Division, Department of Justice, Gregory G. Katsas, Acting Assistant Attorney General, Civil Division, and Emily Anne Radford, Assistant Director, on brief for respondent.

Before TORRUELLA, BOUDIN, Circuit Judges, and SCHWARZER, District Judge.

TORRUELLA, Circuit Judge.

Petitioner Luzia Fustaguio do Nascimento ("Oliveras," her married surname) is a Brazilian citizen who entered the United States without inspection and was subsequently placed in deportation proceedings. She did not attend her deportation hearing, allegedly as a result of her attorney's ineffective assistance, and was ordered deported in absentia. More than eleven years after the deportation hearing, Oliveras seeks judicial review of the denial...

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