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CONTRERAS-RODRIGUEZ v. U.S. ATTY. GEN.

No. 06-10077 Non-Argument Calendar.

462 F.3d 1314 (2006)

Saul CONTRERAS-RODRIGUEZ, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 29, 2006.

Attorney(s) appearing for the Case

Leslie A. Diaz, H. Glenn Fogle, Jr., The Fogle Law Firm, LLC, Atlanta, GA, for Petitioner.

Emily Smachetti, Anne R. Schultz, Asst. U.S. Atty., Kathleen M. Salyer, Miami, FL, David V. Bernal, Andrew C. MacLachlan, U.S. Dept. of Justice, OIL, Civ. Div., Washington, DC, for Respondent.

Before TJOFLAT, BLACK and KRAVITCH, Circuit Judges.

PER CURIAM:

Saul Contreras-Rodriguez petitions for review of the Board of Immigration Appeals's ("BIA") affirmance of the Immigration Judge's ("IJ") denial of his motion to reopen removal proceedings. We conclude that the IJ and BIA erred by holding that they lacked jurisdiction over the motion to reopen. Accordingly, we grant the petition and remand to the BIA with instructions to address the petitioner's notice argument.

I. Background

Contreras...

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