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PATEL v. ATTORNEY GENERAL OF U.S.

No. 09-1572.

619 F.3d 230 (2010)

Seemabahen G. PATEL, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed: August 24, 2010.

Attorney(s) appearing for the Case

Robert Frank, Esq. , [argued], Frank & York, Newark, NJ, for Petitioner Seemabahen G. Patel.

Kate Deboer Balaban, Esq. , Eric H. Holder, Jr. Esq. , Susan K. Houser, Esq. , Thomas W. Hussey, Esq. , John J.W. Inkeles, Esq. , [argued], U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent Attorney General of the United States.

Before RENDELL, JORDAN and GREENAWAY, JR., Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Seemabahen Patel has filed a petition for review of the Board of Immigration Appeals' ("BIA") final order affirming the denial of her application for cancellation of removal. She has also requested a stay of the voluntary departure ordered by the Immigration Judge ("IJ"). At issue is whether we have jurisdiction over her petition for review, which challenges an adverse "hardship" determination, and whether, pursuant...

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