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MEZO v. HOLDER

No. 09-3336.

615 F.3d 616 (2010)

Rania Kamal Toubia MEZO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2010.

Attorney(s) appearing for the Case

ARGUED: David H. Paruch, Law Offices, Troy, Michigan, for Petitioner. Gladys Marta Steffens Guzman, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: David H. Paruch, Law Offices, Troy, Michigan, for Petitioner. Michele Y.F. Sarko, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before: MARTIN and GIBBONS, Circuit Judges; MARBLEY, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Rania Mezo claims that she received ineffective assistance of counsel and seeks review of the Board of Immigration Appeals' denial of her motion to reopen. Because the Board abused its discretion in finding that Mezo did not show due diligence, we VACATE and REMAND the Board's decision for further fact-finding to determine the truth of Mezo's allegations. If the Board finds that she received...

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