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MALILIA v. HOLDER

No. 05-77397.

632 F.3d 598 (2011)

Pierre Nicholas MALILIA, aka David Fox, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2011.

Attorney(s) appearing for the Case

Thomas K. Ragland , Duane Morris LLP, Washington, D.C., for the petitioner.

Jesse M. Bless , Trial Attorney, Office of Immigration Litigation Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: ROBERT R. BEEZER, ANDREW J. KLEINFELD, and SUSAN P. GRABER, Circuit Judges.

OPINION

BEEZER, Circuit Judge:

Pierre Nicholas Malilia ("Malilia") petitions for review of two decisions by the Board of Immigration Appeals ("BIA"). First, Malilia argues that a conviction for improper delivery of a firearm is not a deportable firearms offense under 8 U.S.C. § 1227(a)(2)(C). Second, Malilia appeals the immigration judge's ("IJ") decision to deny Malilia's request for a continuance while his I-130 application was pending.

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