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MEJIA-HERNANDEZ v. HOLDER

No. 07-74277.

633 F.3d 818 (2011)

Bernardino Eduardo MEJIA-HERNANDEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2011.

Attorney(s) appearing for the Case

Andrew Knapp and Claire Cifuentes , Cifuentes Knapp & Associates, Los Angeles, CA, for the petitioner.

Glen T. Jager , Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for respondent.

Mary Kenney , American Immigration Council, Washington, D.C., for the amicus.

Opinion by Judge GOODWIN; Partial Concurrence and Partial Dissent by Judge ZOUHARY.

OPINION

GOODWIN, Circuit Judge:

In view of a number of pending immigration cases calling into question the continued vitality of Ekimian v. INS, 303 F.3d 1153 (9th Cir.2002), we must decide whether we can review a BIA decision against reopening in the context of a claim of equitable tolling. We affirm the BIA decision regarding notice. We do not review the sua sponte reopening. We reverse the BIA decision on...

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