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PERALES-CUMPEAN v. GONZALES

No. 03-9553.

429 F.3d 977 (2005)

Graciela PERALES-CUMPEAN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. National Immigration Project of the National Lawyers Guild; Family Violence Prevention Fund; Now Legal Defense and Education Fund, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 25, 2005.

Attorney(s) appearing for the Case

David Neslin, Arnold & Porter, LLP, Denver, Colorado (Leonor Perretta, Utzinger & Perretta, PLLC, Salt Lake City, UT, on the briefs) for Petitioner.

John C. Cunningham, Senior Litigation Counsel (Linda S. Wendtland, Assistant Director, with him on the briefs), United States Department of Justice, Washington, DC, for Respondent.

David Neslin, Arnold & Porter, Denver, CO, Leslie M. Hill and Mona Luddy Benach, Arnold & Porter, Washington, DC, Dan Kesselbrenner and Gail Pendleton, National Immigration Project of the National Lawyers Guild, Boston, MA, Leslye Orloff and Joyce Noche, Now Legal Defense and Education Fund, Washington, DC, filed a brief on behalf of Amici Curiae.

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

ANDERSON, Circuit Judge.

Petitioner Graciela Perales-Cumpean is a citizen of Mexico who faces removal from this country. She seeks review of the decision of the Board of Immigration Appeals (BIA) that she is not eligible for cancellation of removal under the battered spouse provisions of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(2). Respondent has filed a motion to dismiss the petition for review, contending that this court lacks jurisdiction to...

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