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MALIK v. ATTORNEY GENERAL OF U.S.

No. 08-3874.

659 F.3d 253 (2011)

Muhammad Saeed MALIK, Petitioner, v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed: October 4, 2011.

Attorney(s) appearing for the Case

M. Anne Hannigan, Esq. , Chicago, IL, Gopal T. Kukreja, Esq. , New York, NY, for Petitioner.

Thomas W. Hussey, Esq. , Daniel I. Smulow, Esq. , Paul F. Stone, Esq. , United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.

Before: FISHER, HARDIMAN and GREENAWAY, JR., Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

Muhammad Saeed Malik seeks review of the decision of the Board of Immigrations Appeals ("BIA") sustaining his removability from the United States. Malik argues the BIA erred in affirming the decision of the Immigration Judge ("IJ") that he obtained a visa through a fraudulent marriage and that 8 U.S.C. § 1256(a) did not bar the institution of removal proceedings against...

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