RAMOS-OLIVIERI v. ATTORNEY GENERAL OF U.S.

No. 09-2558.

624 F.3d 622 (2010)

Daniel O. RAMOS-OLIVIERI, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES of America, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 17, 2010.

Ordered Published October 22, 2010.


Attorney(s) appearing for the Case

Lauren Anselowitz, Esq. , Frank & York, Newark, NJ, for Petitioner.

Marion E. Guyton, Esq. , Eric H. Holder, Jr., Esq. , Thomas W. Hussey, Esq. , Joanna L. Watson, Esq. , Anthony P. Nicastro, Esq. , United States Department of Justice, Office of the Immigration Litigation, Washington, DC, for Respondent.

Before: SLOVITER, BARRY and SMITH, Circuit Judges.


OPINION OF THE COURT

BARRY, Circuit Judge.

Petitioner Daniel Ramos-Olivieri, a native and citizen of Uruguay, entered the United States in February 2001 as a nonimmigrant visitor with authorization to stay for six months. He overstayed his visa. On April 6, 2004, the Department of Homeland Security ("DHS") issued a warrant for his arrest and took him into custody. Ramos was personally served with a Notice to Appear ("NTA"), charging that he was removable...

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