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TURCIOS v. HOLDER

No. 05-72258.

582 F.3d 1075 (2009)

Orlando TURCIOS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2009.

Attorney(s) appearing for the Case

Martin Avila Robles, San Francisco, CA, for the petitioner.

Allen W. Hausman, U.S. Department of Justice, Washington, DC, for the respondent.

Opinion by Judge SILER; Dissent by Judge KLEINFELD.

EUGENE E. SILER, JR., Senior Circuit Judge:

Orlando Turcios petitions for review of the Board of Immigration Appeals's (BIA) denial of his motion to reconsider its rejection of his appeal of an Immigration Judge's (IJ) decision as being untimely filed. Because we lack jurisdiction to review the petition, it must be dismissed.

FACTUAL AND PROCEDURAL BACKGROUND

Turcios is a citizen of Nicaragua. In October 2003, removal proceedings were commenced against...

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