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OCHOA-AMAYA v. GONZALES

No. 05-74693.

472 F.3d 674 (2006)

Jose Manuel OCHOA-AMAYA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2006.

Attorney(s) appearing for the Case

Stephen Shaiken, San Francisco, CA, for the petitioner.

Aviva Poczter and Robbin K. Blaya, United States Department of Justice, Washington, D.C., for the respondent.

Before: BEEZER, O'SCANNLAIN, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Jose Ochoa-Amaya seeks judicial review of the Board of Immigration Appeals' (BIA) final order denying his motion to reopen to allow consideration of his application for adjustment of status pursuant to 8 U.S.C. § 1255(i). BIA rejected the motion because it determined that Ochoa-Amaya did not qualify as a child under the Child Status Protection Act (CSPA), Pub.L. No. 107-208, 116 Stat. 927 (2002), and so could not show statutory eligibility...

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