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GARCIA-CARBAJAL v. HOLDER

No. 09-9558.

625 F.3d 1233 (2010)

Alonso GARCIA-CARBAJAL, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

November 5, 2010.

Attorney(s) appearing for the Case

Aaron C. Hall ( Emily A. White , with him on the briefs), Aurora, CO, for Petitioner.

Ann M. Welhaf ( Anh-Thu P. Mai-Windle , Senior Litigation Counsel, with her on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before LUCERO and GORSUCH, Circuit Judges, and ARGUELLO, District Judge.

GORSUCH, Circuit Judge.

Alonso Garcia-Carbajal seeks to challenge a Board of Immigration Appeals ("BIA") order on grounds he never argued to the Board. Ordinarily, this a petitioner cannot do. Ordinarily, a petitioner must exhaust all administrative processes available to hear his arguments before he may seek to bring those arguments to court. But Mr. Garcia-Carbajal submits his case isn't an ordinary one. Under Sidabutar v. Gonzales, 503...

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