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VEGA v. HOLDER

No. 07-72618.

611 F.3d 1168 (2010)

Juan Soria VEGA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2010.

Attorney(s) appearing for the Case

John Bennett, Amarillo, TX, for the petitioner.

Michael C. Heyse and John S. Hogan, United States Department of Justice, Washington, D.C., for the respondent.

Before STEPHEN S. TROTT and WILLIAM A. FLETCHER, Circuit Judges, and CHARLES R. BREYER, District Judge.

OPINION

TROTT, Circuit Judge:

Juan Soria Vega petitions for review of the decision of the Board of Immigration Appeals (BIA) denying his motion to reopen as untimely. Soria Vega asserts that although his motion was not filed within 90 days of the BIA's merits determination, the motion to reopen was filed within 90 days of the denial of his motion to reconsider and was therefore timely. The Attorney General contends that, to be timely, the motion to reopen...

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