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GARCIA v. HOLDER

No. 07-71182.

621 F.3d 906 (2010)

Analilia Arenas de GARCIA and Gelasio Garcia, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted September 1, 2010.

Filed September 1, 2010.

Attorney(s) appearing for the Case

Murray David Hilts ; Michael Joseph Codner , San Diego, CA, for petitioner Analilia Arenas de Garcia.

Murray David Hilts , San Diego, CA, for petitioner Gelasio Garcia.

Gregory G. Katsas , Acting Assistant Attorney General, Civil Division; James A. Hurley , Attorney, Office of Immigration Litigation; Anh-Thu P. Mai-Windle , Senior Litigation Counsel, Office of Immigration Litigation; Mark Christopher Walters , Assistant Director, Office of Immigration Litigation; Katherine Clark , Trial Attorney, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before HARRY PREGERSON, STEPHEN REINHARDT and KIM McLANE WARDLAW, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

Analilia Arenas de Garcia and her husband, Gelasio Garcia ("the Garcias"), petition for review of a BIA decision denying their motion to reopen their removal proceedings. Some of the evidence that the Garcias submitted with their motion to reopen and with a subsequently filed "supplemental brief" in support of their motion, was cumulative of evidence that they had submitted during their hearing, and some was not. We hold...

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