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VILLEGAS DE LA PAZ v. HOLDER

No. 09-3229.

640 F.3d 650 (2010)

Juana VILLEGAS DE LA PAZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, and Janet Napolitano, Secretary of the Department of Homeland Security, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Elliott Ozment , Nashville, Tennessee, for Petitioner. Kelly J. Walls , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Elliott Ozment , Nashville, Tennessee, for Petitioner. Kelly J. Walls , United States Department of Justice, Washington, D.C., for Respondent.

Before: SUHRHEINRICH, McKEAGUE, and KETHLEDGE, Circuit Judges.

AMENDED OPINION

KETHLEDGE, Circuit Judge.

Juana Villegas de la Paz has twice entered the United States without authorization. She now seeks review of a 2008 order that reinstated what the Department of Homeland Security says was an earlier order excluding Villegas from the country. We conclude that we have jurisdiction over her petition, notwithstanding the government's argument that its own actions deprive us of it. But we conclude as well that her claims...

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