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SIMON v. HOLDER

No. 10-2411.

654 F.3d 440 (2011)

Eustace SIMON, Petitioner v. Eric HOLDER, Attorney General, Respondent.

United States Court of Appeals, Third Circuit.

Filed: August 17, 2011.

Attorney(s) appearing for the Case

Paul O'Dwyer, Esq. , New York, NY, for Petitioner.

Kate Deboer Balaban, Esq. , Margot L. Carter, Esq. , Eric H. Holder, Jr., Esq. , Thomas W. Hussey, Esq. , United States Department of Justice, Washington, DC, for Respondent.

Before: SLOVITER, FUENTES, and GARTH, Circuit Judges.

OPINION

GARTH, Circuit Judge:

Eustace Simon petitions this Court for review of the Board of Immigration Appeals' (BIA) denial of his motion for reconsideration. We will grant Simon's petition for review, and hold that the BIA abused its discretion in failing to apply the principles set forth in In re Hashmi, 24 I. & N. Dec. 785 (BIA 2009), to Simon's case. Accordingly, we will vacate the order of removal, and will remand the matter to the BIA...

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