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YOHANNES v. HOLDER

No. 08-3519.

585 F.3d 402 (2009)

Yitbarek YOHANNES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: November 5, 2009.

Attorney(s) appearing for the Case

Barbara D. Bleish, argued, St. Louis, MO, for Petitioner.

Andrew Oliveira, argued, Washington, DC, for Respondent.

Before WOLLMAN, HANSEN, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

Yitbarek Yohannes, an Ethiopian native and citizen, petitions for review of a Board of Immigration Appeals (BIA) decision denying him a waiver of the spousal joint-filing requirement for removal of the conditions on his permanent resident status. The government has moved to dismiss the petition, arguing that we lack jurisdiction to hear an appeal of the BIA's discretionary denial of relief. We deny both the motion to dismiss and the petition...

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