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MAHMOOD v. HOLDER

Docket No. 07-5656-ag.

570 F.3d 466 (2009)

Tahir Mohammad MAHMOOD, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: April 1, 2009.

Amended: June 25, 2009.

Attorney(s) appearing for the Case

Usman B. Ahmad, Long Island City, N.Y., for Petitioner (on submission).

Gregory G. Katsas, Assistant Attorney General, Civil Division, Cindy S. Ferrier, Senior Litigation Counsel, Matt A. Crapo, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent (on submission).

Before WINTER, WALKER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Tahir Mohammad Mahmood, a native and citizen of Pakistan, was granted voluntary departure. Prior to the expiration of the period of voluntary departure, but more than ninety days after the final order of removal was issued, Mahmood filed a motion to reopen his removal proceedings based on his marriage to a U.S. citizen. The immigration judge ("IJ") denied the motion both as untimely and because petitioner, having failed to depart within the...

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