Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

11-1-2005

Mahmood v. Atty Gen USA Precedential or Non-Precedential: Precedential

Docket No. 03-3760

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

Recommended Citation "Mahmood v. Atty Gen USA" (2005). 2005 Decisions. Paper 194. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/194

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. 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 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

2