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HERNANDEZ-VELASQUEZ v. HOLDER

No. 06-75728.

611 F.3d 1073 (2010)

Leda Odeth HERNANDEZ-VELASQUEZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2010.

Attorney(s) appearing for the Case

Stephen Tollafield, Hastings College of the Law, University of California, San Francisco, CA; Gary A. Watt, The McNamara Law Firm, Walnut Creek, CA, for the petitioner.

Andrea Gevas, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Kurt B. Larson, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Stacy Stiffel Paddack, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Ronald E. LeFevre, Department of Homeland Security, San Francisco, CA, for the respondent.

Before STEPHEN REINHARDT and JAY S. BYBEE, Circuit Judges, and JAMES V. SELNA, District Judge.

OPINION

REINHARDT, Circuit Judge:

Leda Odeth Hernandez-Velasquez ("Hernandez"), a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals'("BIA") denial of her motion to reopen and reinstate proceedings, which the BIA construed as a motion to reissue its decision denying her administrative appeal. Hernandez filed a declaration in which she declared under penalty of perjury that she did not receive notice of the BIA's denial...

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