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ALBILLO-DE LEON v. GONZALES

No. 02-70246.

410 F.3d 1090 (2005)

Edelfo ALBILLO-DE LEON, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2005.

Attorney(s) appearing for the Case

Adrienne Ehrhardt, Snell & Wilmer, LLP, Tucson, AZ, for the petitioner.

Jason S. Patil (argued) and Shelley R. Goad (briefed), Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.

Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, and STEPHEN S. TROTT, Circuit Judges.

PREGERSON, Circuit Judge.

An Immigration Judge ("IJ") dismissed Petitioner Edelfo Albillo-DeLeon's motion to reopen his deportation proceedings as untimely. The Board of Immigration Appeals ("BIA") affirmed without opinion. We have jurisdiction under 8 U.S.C. § 1252. For the reasons set forth below, we grant Albillo-DeLeon's petition and remand to the BIA for further proceedings.

I. Factual and Procedural Background...

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