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MILLER v. MUKASEY

Docket No. 06-1680-ag.

539 F.3d 159 (2008)

Anthony Alexander MILLER, Petitioner, v. Michael MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2008.

Attorney(s) appearing for the Case

Anne E. Doebler, Buffalo, NY, for Petitioner.

Shane Cargo, Assistant U.S. Attorney (Michael J. Garcia, U.S. Attorney, on the brief, Elizabeth Wolstein, Assistant U.S. Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Respondent.

Before: WALKER, CABRANES, and RAGGI, Circuit Judges.

PER CURIAM:

Anthony Alexander Miller petitions for review of an order of the Bureau of Immigration and Customs Enforcement ("ICE") that reinstated a 1989 order of removal entered against Miller for illegal entry into the United States. He argues that the administrative reinstatement procedure (1) is not authorized by statute and (2) deprived him of due process of law. Miller's first contention is foreclosed by our recent holding in Garcia-Villeda v. Mukasey,

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