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ROSARIO v. HOLDER

Docket No. 09-3877-ag.

627 F.3d 58 (2010)

Josefa ROSARIO, Petitioner, v. Eric H. HOLDER, Jr., in his capacity as United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2010.

Attorney(s) appearing for the Case

Elyssa N. Williams ( Andrew B. Insenga , Glenn L. Formica on the briefs), Formica, P.C., New Haven, CT, for Petitioner.

Matthew A. Spurlock (Tony West, Ada E. Bosque on the briefs), U.S. Department of Justice, Office of Immigration, Washington, DC, for Respondent.

Before: DENNIS JACOBS, Chief Judge, REENA RAGGI, Circuit Judge, JED S. RAKOFF, District Judge.

DENNIS JACOBS, Chief Judge:

The Petitioner, Josefa Rosario, is a citizen of the Dominican Republic who seeks cancellation of removal as an abused spouse under the amended Immigration and Nationality Act. 8 U.S.C. § 1229b(b)(2). An Immigration Judge ("IJ") found that Rosario was not "battered or subjected to extreme cruelty" within the meaning of the statute and therefore did not warrant discretionary cancellation of removal...

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