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ROSILLO-PUGA v. HOLDER

No. 07-9564.

580 F.3d 1147 (2009)

Martin ROSILLO-PUGA, a/k/a Martin Puga, a/k/a Martin Rosillo, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. The American Immigration Law Foundation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 15, 2009.

Attorney(s) appearing for the Case

Cynthia G. Burnside, Holland & Knight LLP, Atlanta, GA (Laurie Webb Daniel, Kimberly R. Ward, Holland & Knight LLP, Atlanta, GA, and Rachel E. Rosenbloom, Post-Deportation Human Rights Project Center for Human Rights and International Justice, Boston College, Newton, MA, with her on the briefs) for Petitioner.

James A. Hurley, Attorney (Anh-Thu P. Mai, Senior Litigation Counsel, with him on the brief), United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

Trina Realmuto and Beth Werlin, Washington, D.C., filed an amicus curiae brief on behalf of the American Immigration Law Foundation.

Before LUCERO, ANDERSON, and O'BRIEN, Circuit Judges.

ANDERSON, Circuit Judge.

Petitioner Martin Rosillo-Puga seeks review of a decision issued by the Board of Immigration Appeals ("BIA"), in which the BIA affirmed the Immigration Judge's ("IJ") denial of Rosillo-Puga's motion to reconsider or reopen his deportation proceedings. The IJ, in reliance on regulations implementing the Immigration and Nationalization Act, had ruled that he lacked jurisdiction over the motion because Rosillo-Puga had previously been removed...

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