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ELGHARIB v. NAPOLITANO

No. 09-3029.

600 F.3d 597 (2010)

Fatiha ELGHARIB, Petitioner-Appellant, v. Janet NAPOLITANO et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 30, 2010.

Attorney(s) appearing for the Case

ARGUED: George A. Katchmer, Jr., Law Office, Yellow Springs, Ohio, for Appellant. Samuel P. Go, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: George A. Katchmer, Jr., Law Office, Yellow Springs, Ohio, for Appellant. Samuel P. Go, United States Department of Justice, Washington, D.C., for Appellee.

Before MERRITT, MOORE, and GIBBONS, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The Department of Homeland Security ("DHS") ordered Fatiha Elgharib removed in absentia in June 2007 when she failed to appear for her removal hearing. Elgharib failed to appeal, later filed a motion to reopen her removal proceedings, and then did not appeal the denial of that motion. In October 2008, Elgharib filed a petition for a writ of prohibition under 28 U...

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