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TAMENUT v. MUKASEY

No. 05-4418.

521 F.3d 1000 (2008)

Marekegn Asfaw TAMENUT, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: March 11, 2008.

Attorney(s) appearing for the Case

Herbert A. Igbanugo, Minneapolis, MN (Katie A. DeGrio, on the brief), for petitioner.

David E. Dauenheimer, USDOJ, OIL, Washington, DC, for respondent.

Before LOKEN, Chief Judge, WOLLMAN, BEAM, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, en banc.

PER CURIAM.

The question before the en banc court is whether this court has jurisdiction over a petition for review filed by Marekegn Asfaw Tamenut challenging the decision of the Board of Immigration Appeals (BIA) not to reopen sua sponte proceedings relating to Tamenut's removal from the United States. We conclude that the decision whether to reopen removal proceedings sua sponte is committed to the BIA's discretion by law, 5 U.S.C. § 701(a)(2...

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