LARNGAR v. HOLDER

No. 07-2168.

562 F.3d 71 (2009)

McCarthy LARNGAR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided April 6, 2009.


Attorney(s) appearing for the Case

Randy Olen, for petitioner.

Gregory G. Katsas, Assistant Attorney General, Terri J. Scadron, Assistant Director, and Anthony W. Norwood, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Civil Division, on brief for respondent.

Before TORRUELLA, STAHL and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

The central question in this case is whether we have jurisdiction to review the denial of the petitioner's untimely motion to reopen his removal proceedings.

The Board of Immigration Appeals (BIA) denied the motion to reopen after determining that the petitioner McCarthy Larngar, who is an aggravated felon, failed to demonstrate changed country circumstances that would excuse his untimely filing, and failed to establish a prima facie...

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