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SINGH v. HOLDER

No. 07-70500.

658 F.3d 879 (2011)

Hoshiyar SINGH, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2011.

Attorney(s) appearing for the Case

Robert B. Jobe (argued), Lina Baroudi, Law Office of Robert B. Jobe, San Francisco, CA, for the petitioner.

Jessica Segall (argued), U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: BETTY B. FLETCHER and SIDNEY R. THOMAS, Circuit Judges, and NANCY GERTNER, District Court Judge.

OPINION

B. FLETCHER, Circuit Judge:

Hoshiyar Singh appeals from the BIA's January 2007 denial of his motion to reopen premised on ineffective assistance of counsel. Singh married a U.S. citizen during the pendency of his appeal from the IJ's denial of his affirmative asylum application. He is the beneficiary of an approved immediate relative visa, and seeks to reopen so that he may apply for adjustment of status.

The BIA concluded that Singh's prior...

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