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RAMIREZ SANCHEZ v. MUKASEY

Nos. 06-70396, 06-73026.

508 F.3d 1254 (2007)

Manuel Jose Luis RAMIREZ SANCHEZ; Leticia Ramirez, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent. Manuel Jose Luis Ramirez Sanchez; Leticia Ramirez, Petitioners, v. Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2007.

Attorney(s) appearing for the Case

Juan A. Laguna, Esq., Law Offices of Juan A. Laguna, Santa Ana, CA, for the petitioner.

Peter D. Keisler, Esq., James A. Hunolt, Esq., Kristin K. Edison, Esq., Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before: B. FLETCHER, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

PER CURIAM:

When the proceedings before the Board of Immigration Appeals (BIA) took place in this case, neither petitioners nor the BIA had the benefit of regulatory guidance regarding U Visas.1 The BIA declined to remand or reopen petitioners' case — despite their outstanding U Visa application — because petitioners based their U Visa application on an offense that was not charged in the criminal complaint. As the preamble...

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