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ORTEGA-MARROQUIN v. HOLDER

No. 10-1846.

640 F.3d 814 (2011)

Daniel Rolando ORTEGA-MARROQUIN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. American Immigration Council; National Immigration Project of the National Lawyers Guild, Amici on Behalf of Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2011.

Attorney(s) appearing for the Case

Brian J. Blackford , argued, Omaha, NE, for petitioner.

Christopher C. Fuller , argued, Washington, DC, for respondent.

Trina Realmuto , argued, Boston, MA, for amicus in support of petitioner National Immigration Project of National Lawyers Guild.

Beth Werlin , Washington, DC, on the amicus brief in support of petitioner American Immigration Council.

Before SMITH, GRUENDER, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Daniel Rolando Ortega-Marroquin ("Ortega") appeals from a final order of removal by the Board of Immigration Appeals. He seeks review of the Board's decision to reverse itself by granting the government's motion for reconsideration and vacating the Board's prior decision (that had allowed Ortega to reopen his case). Having jurisdiction under 8 U.S.C. § 1252(a)(1), this court remands for further proceedings.

I.

Ortega,...

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