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ANAYA-AGUILAR v. HOLDER

No. 11-3052.

697 F.3d 1189 (2012)

Jose ANAYA-AGUILAR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

October 4, 2012.

Attorney(s) appearing for the Case

Maria T. Baldini-Potermin (argued), Attorney, Maria Baldini-Potermin & Associates, Chicago, IL, for Petitioner.

OIL, Tiffany L. Walters (argued), Attorneys, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Charles Roth , Attorney, National Immigrant Justice Center, Chicago, IL, for Amicus Curiae.

Before DANIEL A. MANION, Circuit Judge, ILANA DIAMOND ROVNER, Circuit Judge, SHARON J. COLEMAN, District Court Judge.

ORDER

After the petitioner filed a petition for rehearing and rehearing en banc, the National Immigrant Justice Center filed an amicus curiae brief in which it expressed concern that our opinion might be read to render unreviewable all instances where the Board of Immigration Appeals refuses to exercise its sua sponte authority to reopen a case — including cases in which the Board has committed a legal or constitutional error. Such a reading would...

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