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ZACARIAS-VELASQUEZ v. MUKASEY

No. 06-3672.

509 F.3d 429 (2007)

Marcos ZACARIAS-VELASQUEZ, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: December 4, 2007.

Attorney(s) appearing for the Case

Richard Breitman, argued, Bloomington, MN, for Petitioner.

William C. Minick, argued, Washington, D.C. (Peter D. Keisler and Linda S. Werney, on the brief), for Respondent.

Before MELLOY, BEAM, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Marcos Zacarias-Velasquez, a native and citizen of Guatemala, entered the United States without inspection and filed an application for asylum. He failed to appear for a scheduled interview, and an immigration judge ("IJ") dismissed his application. Subsequently, immigration authorities commenced removal proceedings against him, and he filed a second application for relief, this time seeking asylum...

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