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WELLINGTON v. HOLDER

Docket No. 09-4111-ag.

623 F.3d 115 (2010)

Maxine Elizabeth WELLINGTON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 20, 2010.

Attorney(s) appearing for the Case

Eric W. Schultz , Hiscock & Barclay, LLP, Buffalo, NY, for petitioner.

Hillel R. Smith , Trial Attorney ( Tony West , Assistant Attorney General, and Anthony W. Norwood , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, on the brief), Washington, D.C., for respondent.

Before: WALKER, CABRANES, Circuit Judges, and SCHEINDLIN, District Judge.

PER CURIAM:

Maxine Elizabeth Wellington ("petitioner" or "Wellington") petitions for review of a final order of removal entered by the Board of Immigration Appeals ("BIA") on September 14, 2009. Wellington argues that the BIA erred in finding her "convicted" of an offense under 8 U.S.C. § 1182(a)(2)(A)(i)(II)1 and ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1).2 She claims that...

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