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McCREATH v. HOLDER

No. 08-2276.

573 F.3d 38 (2009)

Franklin McCREATH, Petitioner, v. Eric H. HOLDER, Jr., Respondent.

United States Court of Appeals, First Circuit.

July 21, 2009.

Attorney(s) appearing for the Case

Susanna L. Shafer, Law Office of Susanna L. Shafer, Daniel F. Cashman, and Cashman & Lovely, P.C., on brief for petitioner.

Edward C. Durant, Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, Civil Division, and Blair T. O'Connor, Assistant Director, Office of Immigration Litigation, on brief for respondent.

Before LYNCH, Chief Judge, SELYA and BOUDIN, Circuit Judges.

LYNCH, Chief Judge.

Petitioner Franklin H. McCreath seeks to avoid removal by arguing the Board of Immigration Appeals ("BIA") erred in denying him adjustment of status. See 8 U.S.C. § 1255. He argues, inter alia, that the BIA was required to remand an issue to the Immigration Judge ("IJ") of whether he qualified for adjustment of status under an equitable exception described in In re Magana, 17 I. & N. Dec. 111 (B.I.A. 1979), rather than resolve...

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