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MATADIN v. MUKASEY

Docket No. 06-4742-ag.

546 F.3d 85 (2008)

Michelle Amanda MATADIN, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 8, 2008.

Attorney(s) appearing for the Case

Harry DeMell, New York, NY, for Petitioner.

Barry J. Pettinato, Senior Litigation Counsel, Francis W. Fraser, Senior Litigation Counsel, Peter D. Keisler, Assistant Attorney General, Civil Division, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Judge WALKER concurs in the judgment of the Court and files a separate concurring opinion.

POOLER, Circuit Judge:

This petition to review a decision of the Board of Immigration Appeals ("BIA") primarily concerns the proper allocation of the burden of proof when determining whether a lawful permanent resident ("LPR") has abandoned that status. Michelle Amanda Matadin seeks review of a decision of the BIA ordering her removed on the ground that she had abandoned her lawful permanent resident status. Because the agency allocated the burden of proof incorrectly...

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