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BELTRE-VELOZ v. MUKASEY

No. 07-1958.

533 F.3d 7 (2008)

Victor BELTRE-VELOZ, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 9, 2008.

Attorney(s) appearing for the Case

Jorge Guttlein and Guttlein & Associates on brief for petitioner.

Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, Carl H. McIntyre, Jr., Assistant Director, Office of Immigration Litigation, and Gary J. Newkirk, Trial Attorney, Office of Immigration Litigation, on brief for respondent.

Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

SELYA, Senior Circuit Judge.

The petitioner, Victor Beltre-Veloz, claims that the Board of Immigration Appeals (BIA) abused its discretion by denying his motion to reopen a removal proceeding. He claims that the motion should have been allowed because (i) he had received ineffective assistance of counsel, culminating in an in absentia order of removal; and (ii) he had advanced valid grounds for tolling the time limit that ordinarily applies to the filing of a motion...

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