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GOMIS v. HOLDER

No. 08-1389.

571 F.3d 353 (2009)

Francoise Anate GOMIS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 2009.

Attorney(s) appearing for the Case

ARGUED: Kell Enow, Enow & Patcha, Silver Spring, Maryland, for Petitioner. Andrew B. Insenga, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. ON BRIEF: Gregory G. Katsas, Assistant Attorney General, Civil Division, M. Jocelyn Lopez Wright, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Petition denied by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge SILER joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge:

Francoise Anate Gomis, a native and citizen of Senegal, petitions for review of an order of the Board of Immigration Appeals (BIA) that affirmed the decision of the immigration judge denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. Gomis contends (1) that even though her asylum application was not filed within the one-year statutory deadline, the BIA erred in finding...

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