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PADILLA-CALDERA v. HOLDER

No. 10-9520.

637 F.3d 1140 (2011)

Concepcion PADILLA-CALDERA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

As Corrected March 22, 2011.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Lane McFee , Denver, CO, for Petitioner.

Ernesto H. Molina, Jr. , Assistant Director, and Andrew N. O'Malley , Trial Attorney, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for Respondent.

Before KELLY and BALDOCK, Circuit Judges, and BRORBY, Senior Circuit Judge.

PAUL KELLY, JR., Circuit Judge.

Concepcion Padilla-Caldera petitions for review of the Board of Immigration Appeals' (BIA) decision denying his request to adjust his status to that of lawful permanent resident and ordering him removed. This is the second time this case has come before us. On a previous petition for review, we held that the BIA erred in concluding that petitioner was statutorily ineligible for an adjustment of status, and we remanded for further proceedings...

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