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OCAMPO v. HOLDER

No. 06-71848.

629 F.3d 923 (2010)

Ygnacio Ccayhuari OCAMPO, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2010.

Attorney(s) appearing for the Case

Amy M. Spicer (argued), Andrea Sheridan Ordin , Amy Liang , and Arti L. Bhimani , Morgan, Lewis & Bockius LLP, for the petitioner Ygnacio Ccayhuari Ocampo.

Kate Deboer Balaban (argued), Trial Attorney, Peter D. Keisler , Assistant Attorney General, Barry J. Pettinato , Senior Litigation Counsel, Francis W. Fraser , Senior Litigation Counsel, United States Department of Justice, Civil Division, Office of Immigration Litigation, for the respondent Eric H. Holder Jr., Attorney General.

Before: PROCTER HUG, JR., and MILAN D. SMITH, JR., Circuit Judges, and THOMAS F. HOGAN, Senior District Judge.

OPINION

HOGAN, Senior District Judge:

Ygnacio Ccayhuari Ocampo petitions for review of a Board of Immigration Appeals ("BIA") order denying as untimely his motion to reopen his immigration removal proceedings. Because a removal order that grants voluntary departure becomes final upon the earlier of (i) a BIA determination affirming the order or (ii) the expiration of the deadline to seek the BIA's review of...

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