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SAMUELS v. CHERTOFF

Docket No. 05-2646-ag.

550 F.3d 252 (2008)

Michael Alexander SAMUELS, also known as Michael Bryan, Petitioner, v. Michael CHERTOFF, Secretary, Department of Homeland Security; Julie L. Myers, Assistant Secretary, United States Immigration and Customs Enforcement; Christopher Shanahan, New York City Field Director, United States Immigration and Customs Enforcement; Department of Homeland Security; United States Immigration and Customs Enforcement, Respondents.

United States Court of Appeals, Second Circuit.

Decided: December 19, 2008.

Attorney(s) appearing for the Case

Matthew L. Guadagno, Bretz & Coven, LLP, New York, N.Y. (Jules E. Coven and Kerry W. Bretz, on the brief) for Petitioner.

Natasha Oeltjen, Assistant United States Attorney for the Southern District of New York, New York, N.Y. (Michael J. Garcia, United States Attorney, and Neil M. Corwin, Assistant United States Attorney, on the brief) for Respondents.

Before: POOLER, SACK, and KATZMANN, Circuit Judges.

POOLER, Circuit Judge:

Michael Alexander Samuels petitions for review of an order of the Board of Immigration Appeals ("BIA" or "Board") that affirmed an order of Immigration Judge ("IJ") Alan Page finding Samuels deportable and denying his application for relief pursuant to Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182(h). While Samuels conceded deportability, he applied for adjustment of status based on the citizenship of his wife, a form of...

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