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SARANGO v. ATTORNEY GENERAL OF U.S.

No. 10-2737.

651 F.3d 380 (2011)

Maria C. SARANGO aka Maria Figueroa aka Maria Sarango-Narvaez aka Maria Torres v. ATTORNEY GENERAL OF the UNITED STATES, Respondent. Maria Sarango aka Maria Figueroa, Petitioner.

United States Court of Appeals, Third Circuit.

Filed June 30, 2011.

Attorney(s) appearing for the Case

Heidi J. Meyers, Esq. , Law Office of Heidi J. Meyers, New York, NY, for Petitioner.

Tony West, Esq. , John C. Cunningham, Esq. , Holly M. Smith, Esq. , U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: BARRY, AMBRO, and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Maria Sarango petitions for review of a Board of Immigration Appeals decision dismissing her appeal. The BIA rejected Sarango's request for retroactive — "nunc pro tunc" — consent to reapply for admission to the United States under 8 U.S.C. § 1182(a)(9)(C)(ii) because Congress delegated authority to consider such requests to the Secretary of Homeland Security, thereby depriving...

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