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GARCIA-MARTINEZ v. DEPARTMENT OF HOMELAND

Docket No. 04-5017-AG.

448 F.3d 511 (2006)

Constantino GARCIA-MARTINEZ, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Executive Office for Immigration Review, Respondents.

United States Court of Appeals, Second Circuit.

Decided: May 11, 2006.

Attorney(s) appearing for the Case

Jack Sachs, New York, NY, for Petitioner.

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, on the brief), United States Attorney's Office for the District of New Mexico, Albuquerque, NM, for Respondents.

Before: WINTER, CABRANES, and RAGGI, Circuit Judges.

PER CURIAM:

Petitioner Constantino Garcia-Martinez, a native and citizen of Mexico, seeks review of an August 26, 2004 order of the Board of Immigration Appeals ("BIA") affirming the June 23, 2003 decision of Immigration Judge ("IJ") Miriam K. Mills, which denied petitioner's request for cancellation of removal, and rejecting petitioner's claim of ineffective assistance of counsel on the ground that petitioner had failed to comply with the requirements set forth in...

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