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PRETZANTZIN v. HOLDER

Docket No. 11-2867-AG.

736 F.3d 641 (2013)

Jose Matias PRETZANTZIN, aka Jose M. Pretzantzin-Yax, Pacheco Pretzantzin, aka Santos Ramiro Pretzantzin, Pedro Estanislado Pretzantzin, Pedro Leonardo Pacheco Lopez, Juan Miguel Pretzantlin-Yax, aka Juan Miguel Pretzantzin-Yax, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2013.

Amended: September 16, 2013.

Attorney(s) appearing for the Case

Anne Pilsbury ( Heather Y. Axford , on the brief), Central American Legal Assistance, Brooklyn, NY, for Petitioners.

Matthew George , Trial Attorney, Office of Immigration Litigation, Civil Division ( Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Douglas E. Ginsburg , Assistant Director, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, DC, for Respondent.

Elaine J. Goldenberg , Matthew E. Price , Jenner & Block LLP, Washington, DC; Omar C. Jadwat , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, for Amicus Curiae American Civil Liberties Union Foundation.

Before: WESLEY, DRONEY, Circuit Judges, NATHAN, District Judge.

WESLEY, Circuit Judge:

In the early morning hours of March 5, 2007, Petitioner Pedro Estanislado Pretzantzin ("Estanislado Pretzantzin") awoke to a loud banging; he opened his third-floor bedroom window to see a group of armed, uniformed officers at his apartment building's front door in Jamaica, New York.1 The officers were from the Department of Homeland Security ("DHS") and worked for Immigrations...

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