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ZHANG v. HOLDER

Docket No. 09-2628-ag.

617 F.3d 650 (2010)

Xue Yong ZHANG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 12, 2010.

Attorney(s) appearing for the Case

Matthew L. Guadagno ( Jules E. Coven and Kerry W. Bretz , on the brief), Bretz & Coven, LLP, New York, NY, for Petitioner.

Steven F. Day , Trial Attorney ( Tony West , Assistant Attorney General; and Francis W. Fraser , Senior Litigation Counsel, on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.

Before MINER, CABRANES, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

Petitioner Xue Yong Zhang ("petitioner" or "Zhang") seeks review of a May 22, 2009 decision by the Board of Immigration Appeals ("BIA" or "Board"), which dismissed his appeal of an Immigration Judge's January 22, 2009 decision for want of jurisdiction. In 2003, the order calling for petitioner to be removed, as well as a finding by the Immigration Judge ("IJ") that petitioner had submitted a frivolous asylum application, became final. Five years...

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