Syed Mahmood v. ALBERTO R. GONZALES, Attorney General of the United States

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-3760
SYED MAHMOOD,
Petitioner
v.
*ALBERTO R. GONZALES, Attorney General
of the United States,
Respondent
*Substituted pursuant to Rule 43c, F.R.A.P.
On Appeal from an Order entered before
The Board of Immigration Appeals
(No. A 70-891-107)
Argued September 15, 2004
Before: ALITO, AMBRO and FISHER, Circuit Judges
(Opinion filed October 27, 2005)
Robert Frank, Esquire (Argued)
Suite 1304
60 Park Place
Newark, NJ 07102
Attorney for Petitioner

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Peter D. Keisler
Assistant Attorney General, Civil Division
Barry J. Pettinato
Senior Litigation Counsel
David V. Bernal, Esquire
Douglas E. Ginsburg, Esquire
John D. Williams, Esquire
William M. Martin, Esquire (Argued)
United States Department of Justice
Office of Immigration
Litigation
P.O. Box 878
Ben Franklin Station
Washington, D.C. 20044
Attorneys for Respondent
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge
IT IS NOW ORDERED that the published Opinion in the above case filed
October 27, 2005, be amended as follows:
On page 5, line 3, replace “2002” with “June 2001”, so that the phrase
reads “..., and it dismissed the appeal as untimely in June 2001.”
On page 5, line 8, insert “in September 2002” after “motion” and before
“on”so that the phrase reads, “The IJ denied the motion in September 2002 on the ground
that it ...”.
On page 6, line 3, insert “second” after “Mahmood’s” and before “appeal”
and replace the date “June 2001” with “August 2003” so that the sentence reads, “The
BIA dismissed Mahmood’s second appeal in August 2003, and he timely petitioned for
our Court’s review.”
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: November 1, 2005

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