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BLANCO v. HOLDER

No. 05-72159.

572 F.3d 780 (2009)

Felix Dinglasan BLANCO, Jr., Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2009.

Attorney(s) appearing for the Case

Russell L. Marshak, Popkin, Shamir & Golan, Los Angeles, CA, for the petitioner.

Lauren Fascett and Song E. Park, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

GRABER, Circuit Judge:

Is an alien's otherwise complete and timely application for adjustment of status properly rejected as untimely for the sole reason that his lawyer's accompanying check for the proper amount of the filing fee was inadvertently unsigned? We answer that question "no" and, therefore, grant the petition for review.1

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Felix Dinglasan Blanco, Jr., is a native...

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