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MENDIOLA v. HOLDER

No. 08-9565.

585 F.3d 1303 (2009)

Eddie MENDIOLA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

October 28, 2009.

Attorney(s) appearing for the Case

Kari E. Hong, Portland, OR, for Petitioner.

R. Alexander Goring, Office of Immigration Litigation, (Michelle Gorden Latour, Assistant Director, Office of Immigration Litigation, with him on the briefs) United States Department of Justice, Washington, D.C., for Respondent.

Before MURPHY, BALDOCK, and HARTZ, Circuit Judges.

BALDOCK, Circuit Judge.

Petitioner Eddie Mendiola petitions this Court to review the Board of Immigration Appeals' (BIA or Board) denial of his second motion to reopen his removal proceedings. As a threshold matter, Petitioner argues the BIA erred in holding that 8 C.F.R. § 1003.2(d) proscribed its jurisdiction to entertain his motion to reopen. Section 1003.2(d) provides:

A motion to reopen or a motion to reconsider [before the BIA] shall not be made...

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