United States Second Circuit

Petition for review of denial of motion to terminate removal proceedings and ordering petitioner removed from the U.S. is denied over claims that: 1) petitioner improperly charged with removal as an inadmissible "arriving alien" and as an "applicant for admission"; and 2) the BIA's affirmance of the IJ's decision by a single-member panel without a published opinion violated petitioner's rights to due process of law and equal protection of the laws under the Fifth Amendment.

Appellate Information

• Decided 01/25/2007
• Published 01/25/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before FEINBERG, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael P. Diraimondo, Diraimondo & Masi, LLP, Melville, NY, for Petitioner.


• For Appellees:
  
• Debra Prillaman, Assistant United States Attorney (Chuck Rosenberg, United States Attorney, on the brief), United States Attorney's Office for the Eastern District of Virginia, Richmond, VA, for Respondent.