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GRULLON v. MUKASEY

Docket No. 05-4622-ag.

509 F.3d 107 (2007)

Julio Cesar Valenzuela GRULLON, Petitioner, v. Michael B. MUKASEY, Attorney General, Michael J. Garcia, Edward J. McElroy, Bureau of Immigration and Customs Enforcement, Respondents.

United States Court of Appeals, Second Circuit.

Decided: November 27, 2007.

Attorney(s) appearing for the Case

Bozena Ziedalski, New York, NY, for Petitioner.

M. Jocelyn Lopez Wright, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice (Peter D. Keisler, Assistant Attorney General and Carol Federighi, Senior Litigation Counsel, on the brief), Washington, D.C., for Respondents.

Before: JACOBS, Chief Judge, B.D. PARKER and HALL, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Julio Cesar Valenzuela Grullon ("Valenzuela") petitions for review of an order of Immigration Judge ("IJ") John Opaciuch denying his application for cancellation of removal. Valenzuela, who failed to appeal the order of removal to the Board of Immigration Appeals ("BIA"), concedes that his administrative remedies are therefore unexhausted, but asks that the failure to exhaust be excused (and that we reach the merits of his petition). We...

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