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OGUNDIPE v. MUKASEY

Nos. 07-1075, 07-1592.

541 F.3d 257 (2008)

Ezekiel Olufemi OGUNDIPE, Reverend, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. Ezekiel Olufemi Ogundipe, Reverend, Petitioner, v. Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: September 2, 2008.

Attorney(s) appearing for the Case

ARGUED: David Christopher Drake, Johnson & Associates, PC, Arlington, Virginia, for Petitioner. Justin R. Markel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. ON BRIEF: Randall L. Johnson, Johnson & Associates, PC, Arlington, Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, Civil Division, Francis W. Fraser, Senior Litigation Counsel, United States Department of Justice, Washington, D.C., for Respondent.

Petitions denied by published opinion. Judge SHEDD wrote the opinion, in which Judge TRAXLER joined. Judge GREGORY wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge:

Ezekiel Olufemi Ogundipe, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing his appeal and ordering his voluntary departure from the United States, and of the BIA's order denying his motion for reconsideration. Ogundipe contends that he is eligible to adjust his status without leaving the United States because he is a "grandfathered alien" who was the beneficiary...

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