ALSOL v. MUKASEY

Docket Nos. 07-2068-ag(L), 08-1942-ag(CON), 08-1112-ag.

548 F.3d 207 (2008)

Karen Nicola ALSOL, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent, Donald Overton Powell, Petitioner, v. Michael B. Mukasey, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 14, 2008.


Attorney(s) appearing for the Case

Tori T. Kim, Wilmer Cutler Pickering Hale and Dorr LLP (Christopher J. Meade, on the brief), New York, NY, for Petitioner Alsol.

Alina Das, Immigrant Rights Clinic, Washington Square Legal Services, Inc., (Nancy Morawetz, on the brief), New York, NY, for Petitioner Powell.

Sameer M. Ashar Supervising Attorney, Andrea Siebert-Llera, Legal Intern, Ron Cerreta, Legal Intern, Main Street Legal Services, Inc., City University of New York School of Law, Flushing, NY, on the brief, formerly for Petitioner Powell.

Monica G. Antoun, Trial Attorney (Jeffrey S. Bucholtz, Acting Assistant Attorney General, Gregory G. Katsas, Assistant Attorney General, Francis W. Fraser, Senior Litigation Counsel, on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent in 07-2068-ag(L) and 08-1942-ag(CON).

Erica B. Miles, Attorney (Gregory G. Katsas, Assistant Attorney General, Linda S. Wernery, Assistant Director, on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent in 08-1112-ag.

Joanne Macri, Director, Manuel D. Vargas, Senior Counsel, New York, NY, for Amicus Curiae New York State Defenders Association, Immigrant Defense Project.

Before: CALABRESI, STRAUB, and RAGGI, Circuit Judges.


STRAUB, Circuit Judge:

In these cases, which we heard in tandem and now consolidate for disposition, Petitioners Karen Nicola Alsol and Donald Overton Powell seek review of decisions of the Board of Immigration Appeals ("BIA") vacating decisions by an Immigration Judge ("IJ") granting them cancellation of removal. In 07-2068-ag(L) and 08-1942-ag(CON), Petitioner Alsol appeals from orders of the BIA (1) sustaining the Department of Homeland Security's ("DHS") appeal...

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