RAZKANE v. HOLDER

No. 08-9519.

562 F.3d 1283 (2009)

Tarik RAZKANE, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

April 21, 2009.


Attorney(s) appearing for the Case

Jayne E. Fleming, Reed Smith LLP, Oakland, CA, for Petitioner.

Barry J. Pettinato, Assistant Director (Monica G. Antoun, Trial Attorney, with him on the brief), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

Petitioner Tarik Razkane remained in the United States beyond the period authorized by his non-immigrant visa. After receiving a notice to appear from the Department of Homeland Security charging him as removable under 8 U.S.C. § 1227(a)(1)(B), Razkane applied for, inter alia, restriction on removal pursuant to the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1231(b)(3). The Immigration Judge...

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