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OLIVA v. U.S. DEPT. OF JUSTICE

Docket No. 03-40219.

433 F.3d 229 (2005)

Oscar OLIVA, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE & Attorney General Gonzales, Respondents.

United States Court of Appeals, Second Circuit.

Decided: December 30, 2005.

Attorney(s) appearing for the Case

Bruno Joseph Bembi, Hempstead, New York, for Petitioner.

Stephen J. Sorenson, First Assistant United States Attorney, District of Utah, Salt Lake City, Utah (Paul M. Warner, United States Attorney), for Respondent.

Before: CALABRESI and RAGGI, Circuit Judges, and COTE, District Judge.

RAGGI, Circuit Judge.

Petitioner Oscar Oliva seeks review of a June 30, 2003 order of the Board of Immigration Appeals ("BIA"), upholding a September 7, 2001 oral ruling by an Immigration Judge ("IJ") ordering Oliva's removal from the United States. See 8 U.S.C. § 1252(a) (2000). Oliva submits that the BIA erred in failing to remand his case to the IJ for a further hearing pursuant to an international treaty, the United Nations Convention on the Rights...

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