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NEVAREZ NEVAREZ v. HOLDER

No. 07-74271.

572 F.3d 605 (2009)

Herminio NEVAREZ NEVAREZ; Aracely Y. Nevarez, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2009.

Attorney(s) appearing for the Case

Robert B. Jobe, Esq.; Arwen Swink, Esq., Law Office of Robert B. Jobe, San Francisco, CA, for the petitioners.

Gregory G. Katsas, Esq.; Blair T. O'Connor, Esq.; John C. Cunningham, Esq., United States Department of Justice, Washington, DC, for the respondent.

Before: STEPHEN REINHARDT, JOHN T. NOONAN and M. MARGARET McKEOWN, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

Before the Board of Immigration Appeals ("BIA"), petitioners Herminio and Aracely Nevarez moved to reopen the removal proceedings so that they could supplement their cancellation of removal application with newly acquired information about their youngest son's learning disability. The BIA denied the motion to reopen as number-barred and denied the motion to toll the voluntary departure period. We grant the petition and remand...

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