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NEVES v. HOLDER

No. 07-1091.

613 F.3d 30 (2010)

Kelmer Da Silva NEVES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 21, 2010.

Attorney(s) appearing for the Case

Saher Joseph Macarius with whom Audrey Botros and Law Offices of Saher Joseph Macarius, were on brief for petitioner.

Stacey I. Young, Trial Attorney, Office of Immigration Litigation, Civil Division, with whom Tony West, Assistant Attorney General, and Joshua E. Braunstein, Assistant Director, Office of Immigration Litigation, were on brief for respondent.

Before LYNCH, Chief Judge, TORRUELLA and EBEL, Circuit Judges.

PER CURIAM.

Kelmer Da Silva Neves, a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals's (BIA) December 14, 2006, denial of his second motion to reopen proceedings. The government's efforts to remove him from the country started in 1999. We deny the petition.

Neves's second motion to reopen was time- and number-barred under 8 U.S.C. § 1229a(c)(7)(A), (C)(i) and 8 C.F.R. § 1003.2(c)(2). Save for several exceptions...

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