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DEMIRCHYAN v. HOLDER

No. 06-73326.

641 F.3d 1141 (2011)

Arutyun DEMIRCHYAN, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Ordered Published May 9, 2011.

Attorney(s) appearing for the Case

Geoffrey Alan Hoffman , Houston, TX, Ira J. Kurzban , Kurzban, Kurzban, Weinger, Tetzeli, & Pratt PA, Miami, FL, James L. Rosenberg, Esquire , Law Offices of James L. Rosenberg, Los Angeles, CA, for Petitioner.

Peter H. Matson, Esquire , Jeffrey Ronald Meyer, Esquire , Oil, U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: JOHN T. NOONAN, WILLIAM A. FLETCHER, and RONALD M. GOULD, Circuit Judges.

ORDER

The government moves to dismiss Arutyun Demirchyan's case for lack of jurisdiction based on his failure to file a notice of appeal from an order entered by the district court. The motion is denied.

On May 15, 2008, we issued an order transferring Demirchyan's case to the district court "for a de novo review of Demirchyan's citizenship claim" pursuant to 8 U.S.C. § 1252(b)(5)(B), which provides that:

If the petitioner claims to be a national...

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