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REYES-TORRES v. HOLDER

Nos. 08-74452, 09-70214.

645 F.3d 1073 (2011)

Ruben REYES-TORRES, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. Ruben Reyes-Torres, Petitioner, v. Eric H. Holder Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2011.

Attorney(s) appearing for the Case

Karla Kraus , San Diego, CA, for the petitioner.

Daniel I. Smulow , Office of Immigration Litigation, Washington, D.C., for the respondent.

Trina Realmuto , Boston, MA, for amicus curiae National Immigration Project of the National Lawyers Guild.

Beth Werlin , Washington, D.C., for amicus curiae American Immigration Council.

Opinion by Judge THOMAS; Dissent by Judge WALLACE.

OPINION

THOMAS, Circuit Judge:

In this petition for review, we consider whether the Board of Immigration Appeals ("BIA") has jurisdiction to review a motion to reconsider and reopen filed after a petitioner has been involuntarily removed from the United States. We conclude that it has jurisdiction and we grant the petition for review.

I

Reyes-Torres is a native and citizen of Mexico who obtained...

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