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MASSIS v. MUKASEY

Nos. 05-1329, 05-1851, 05-6981.

549 F.3d 631 (2008)

Nimatallah Shafik MASSIS, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent. Nimatallah Shafik Massis, Petitioner, v. Michael B. Mukasey, United States Attorney General, Respondent. Nimatallah Shafik Massis, Petitioner-Appellant, v. Michael Chertoff, Secretary of Homeland Security; Michael J. Garcia, Assistant Secretary; Calvin McCormick, Interim Field Office Director; Michael B. Mukasey, United States Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 2008.

Attorney(s) appearing for the Case

ARGUED: Rachel Stutz, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, DC, for Petitioner/Appellant. Woei-Tyng Daniel Shieh, United States Department of Justice, Washington, D.C., for Respondents/Appellees. ON BRIEF: Paul R.Q. Wolfson, Victoria S. Shabo, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, DC, for Petitioner/Appellant. Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, Susan K. Houser, Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondents/Appellees.

Denied in part and dismissed in part by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

DUNCAN, Circuit Judge:

The petitioner, Nimatallah Shafik Massis, is a Jordanian national and a permanent resident of the United States. On February 25, 2005, the Board of Immigration Appeals ("BIA") found that Massis was deportable as an aggravated felon and that he did not qualify for a discretionary waiver of deportation under former section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(c).1 In these consolidated...

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