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MONTER v. GONZALES

Docket No. 03-4070.

430 F.3d 546 (2005)

Bogar Allax MONTER, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Final submission: July 27, 2005.

Decided: November 14, 2005.

Attorney(s) appearing for the Case

Eva S. Rubinson, Avirom & Associates LLP (Jonathan E. Avirom, of counsel), New York, NY, for Petitioner.

Audrey B. Hemesath, Special Assistant United States Attorney for the Eastern District of California (McGregor W. Scott, United States Attorney, of counsel), Sacramento, CA, for Respondent.

Before: MINER and SACK, Circuit Judges, and SPATT, District Judge.

SACK, Circuit Judge.

The petitioner, Bogar Allax Monter, a citizen of Mexico, entered the United States in 1988, married a United States citizen in 1993, and thereafter began the process of attempting to become a United States citizen. In the course of that effort, several years after he was married and after he had been granted conditional permanent residency status, he submitted a form I-751 Petition to Remove the Conditions of Residence ("I-751 Petition") to the...

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