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SEPULVEDA v. GONZALES

Docket Nos. 03-40643-AG(L), 04-0187-AG(CON).

407 F.3d 59 (2005)

Luis SEPULVEDA, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: May 4, 2005.

Attorney(s) appearing for the Case

Matthew L. Guadagno, Bretz & Coven, LLP, New York, NY, for petitioner.

Richard D. Kaufman, Assistant United States Attorney for the Western District of New York (Michael A. Battle, United States Attorney), Buffalo, NY, for respondent.

Before: SOTOMAYOR, RAGGI and HALL, Circuit Judges.

SOTOMAYOR, Circuit Judge.

The Government moves to dismiss Luis Sepulveda's petitions for review of an August 2003 order of the Board of Immigration Appeals ("BIA") denying a motion to reopen his removal proceedings and a December 2003 order of the BIA denying a motion to reconsider the August 2003 order. The BIA affirmed the decision of an immigration judge ("IJ") that Sepulveda was not eligible for cancellation of removal under 8 U.S.C. § 1229b. The IJ had concluded...

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