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MARTINEZ v. I.N.S.

Docket Nos. 03-41049-ag (L), 05-3319-ag (CON).

523 F.3d 365 (2008)

Leonardo Zuluaga MARTINEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 23, 2008.

Attorney(s) appearing for the Case

Leonardo Zuluaga Martinez, pro se, Framingham, Mass., for Petitioner.

Lizas Murcia, Assistant United States Attorney (Terrance P. Flynn, United States Attorney for the Western District of New York, on the brief), Buffalo, N.Y., for Respondent.

Nancy Morawetz, Washington Square Legal Services, New York University School of Law, New York, N.Y., Amicus Curiae in Support of Petitioner.

Judge STRAUB concurs in a separate opinion.

JOHN M. WALKER, JR., Circuit Judge:

Petitioner, a legal permanent resident alien, seeks review of a decision of the Board of Immigration Appeals affirming the immigration judge's denial of cancellation of removal for failure to satisfy the seven-year continuous residence requirement of INA § 240A(d), 8 U.S.C. § 1229b. Because petitioner's removal proceedings were initiated after the effective date of the Illegal Immigration Reform and Immigration Responsibility...

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