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PERALTA v. HOLDER

No. 08-2073.

567 F.3d 31 (2009)

José Enríque PERALTA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided May 28, 2009.

Attorney(s) appearing for the Case

Jeffrey B. Rubin and Law Offices of Jeffrey B. Rubin on brief for petitioner.

Michael F. Hertz, Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, and Wendy Benner-León, Trial Attorney, Office of Immigration Litigation, on brief for respondent.

Before HOWARD, SELYA and HANSEN, Circuit Judges.

SELYA, Circuit Judge.

The petitioner, José Enríque Peralta, is a native and citizen of Ecuador. He seeks review of a final order of the Board of Immigration Appeals (BIA), dated July 24, 2008, denying his second motion to reopen removal proceedings. Although this court typically has jurisdiction to review the BIA's denial of motions to reopen, see 8 U.S.C. § 1252, as amended by the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B, Title I, §...

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