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PENA-MURIEL v. GONZALES

No. 05-1937.

510 F.3d 350 (2007)

Fredy Hugo PENA-MURIEL, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

October 24, 2007.

Attorney(s) appearing for the Case

Randy Olen, Providence, RI, for Petitioner.

Papu Sandhu, Nora Livers, Office of Immigration Litigation U.S. Dept. of Justice, David M. McConnell, Department of Justice Civil Divison, Oil, Washington, DC, Neil Cashman, U.S. Dept. of Homeland Security Office of the Chief Counsel, Michael P. Sady, U.S. Attorney's Office John Joseph Moakley Courthouse, Frank Crowley, Assistant District Counsel Immigration and Natralization Service, Boston, MA, for Respondent.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

ORDER OF COURT

In this petition for panel rehearing, petitioner argues for the first time that the text of 8 U.S.C. § 1229a(c)(7)(A), a provision added to the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") in 1996, which states that "[a]n alien may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)...

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