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VÁSQUEZ v. HOLDER

No. 09-2673.

635 F.3d 563 (2011)

Julio VÁSQUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided February 16, 2011.

Attorney(s) appearing for the Case

Thomas P. Glynn with whom Allan M. Tow was on brief for petitioner.

Tiffany Walters Kleinert , Trial Attorney, with whom Tony West , Assistant Attorney General, and David V. Bernal , Assistant Director, were on brief for respondent.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

STAHL, Circuit Judge.

Julio Vásquez, a 39-year-old citizen of Guatemala, petitions for review of an order issued by the Board of Immigration Appeals ("BIA"). Vásquez challenges the BIA's conclusion that an expedited removal order interrupted his continuous physical presence in the United States, thereby rendering him ineligible for cancellation of removal pursuant to 8 U.S.C. § 1229b. Alternatively, Vásquez urges this court to remand for a determination...

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