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MALAK v. GONZALES

No. 04-3434.

419 F.3d 533 (2005)

Rehby Youssif Abdel MALAK, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 2005.

Attorney(s) appearing for the Case

ARGUED: Saher J. Macarius, Law Offices of Saher J. Macarius, Framingham, Massachusetts, for Petitioner. Margot L. Nadel, U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. ON BRIEF: Saher J. Macarius, Law Offices of Saher J. Macarius, Framingham, Massachusetts, for Petitioner. Margot L. Nadel, Anthony W. Norwood, U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: SILER and DAUGHTREY, Circuit Judges; MARBLEY, District Judge.

OPINION

SILER, Circuit Judge.

Rehby Youssif Abdel Malak, an Egyptian citizen and native, seeks review of a decision of the Board of Immigration Appeals ("BIA") dismissing as untimely his BIA appeal. For the reasons discussed hereafter, Malak's petition is DENIED.

BACKGROUND

Malak entered the United States as a visitor in October 1998. The following year, after exceeding his authorized stay...

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