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MARVALLOUS KEENE, Petitioner-Appellant, v. BETTY MITCHELL, Warden, Respondent-Appellee. |
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Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 00-00421—Sandra S. Beckwith, Chief District Judge.
Argued: January 28, 2008
Decided and Filed: April 25, 2008
Before: MERRITT, SILER, and SUTTON, Circuit Judges.
SILER, Circuit Judge. Marvallous Keene, an Ohio death row inmate, appeals from the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Two issues were certified for appeal: (1) whether Keene was denied equal protection when the prosecutor allegedly selectively prosecuted him because he is African-American; and (2) whether his due process rights were violated when a pretrial identification procured by allegedly unduly suggestive procedures was admitted into evidence at trial. We affirm the district court’s denial of Keene’s habeas petition.
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FANG HUANG, Petitioner, v. MICHAEL B. MUKASEY, Attorney General, Respondent. |
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On Petition for Review of an Order
of the Board of Immigration Appeals.
No. A45 897 793.
Submitted: April 24, 2008
Decided and Filed: April 25, 2008
Before: MOORE and McKEAGUE, Circuit Judges; SCHWARZER, District Judge.
KAREN NELSON MOORE, Circuit Judge. An Immigration Judge (“IJ”) found that Fang Huang (“Huang”) entered a fraudulent marriage in 1996 for the purpose of securing admission to the United States, denied Huang’s application for asylum as untimely filed, and denied her applications for withholding of removal under the Immigration and Nationality Act (“INA”) and under the Convention Against Torture (“CAT”). While her case was pending before the BIA, Huang moved to remand her case to the Immigration Court and reopen the record so that she could submit additional evidence and apply for an adjustment of status. The BIA dismissed Huang’s appeal from the IJ’s decision and denied her motions to remand. In March 2008 while her case was pending before this court, Huang filed with us a Motion to Remand to the Board of Immigration Appeals and to Supplement the Record. For the reasons discussed below, we DISMISS Huang’s petition for review insofar as it seeks review of the denial of her application for asylum. In all other respects, we DENY Huang’s petition for review and her motion to remand to the BIA and supplement the record.