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HERNANDEZ v. HOLDER

Docket Nos. 10-4100-ag (Lead), 11-1833-ag (Con).

736 F.3d 234 (2013)

Pantaleon HERNANDEZ, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 25, 2013.

Attorney(s) appearing for the Case

Kevin E. Dehghani, Esq. , New Haven, CT, for Petitioner.

Kevin J. Conway ( Tony West , Assistant Attorney General, Civil Division; Richard M. Evans , Assistant Director, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent.

Before: KATZMANN, Chief Judge, KEARSE, Circuit Judge, and GLEESON, District Judge.

JOHN GLEESON, District Judge.

Petitioner Pantaleon Hernandez seeks review of two decisions of the Board of Immigration Appeals: an initial decision affirming an immigration judge's decision not to cancel removal, and a subsequent decision not to reopen his removal proceedings. Hernandez argues that in declining to reopen proceedings, the Board erred by adhering to the immigration judge's prior conclusion that Hernandez had not met his burden of proving the ten years...

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