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MALU v. U.S. ATTY. GEN.

No. 13-10409.

764 F.3d 1282 (2014)

Biuma Claudine MALU, a.k.a. Bima Claudien Malu, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 19, 2014.

Attorney(s) appearing for the Case

Peter Douglas Keisler , Sidley Austin, LLP, Washington, DC, Claudia Valenzuela Rivas , Keren Zwick , Chicago, IL, for Petitioner.

David V. Bernal , Paul Fiorino, Tracey N. McDonald , Krystal Samuels , U.S. Department of Justice, Washington, DC, Alfie Owens , DHS/Ice Office of Chief Counsel, Atlanta, GA, for Respondent.

Before TJOFLAT and PRYOR, Circuit Judges, and SCOLA, District Judge.

PRYOR, Circuit Judge:

This petition for review presents an issue about exhaustion of remedies that has divided our sister circuits: whether an alien must contest her status as an aggravated felon in an expedited removal proceeding before raising that argument before a federal court of appeals. Biuma Malu argues that she should not have been subject to expedited removal proceedings because she did not commit an "aggravated felony," 8 U.S.C. § 1101(a)(43). Malu...

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