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MYERS v. HOLDER

No. 07-72858.

661 F.3d 1178 (2011)

Kenneth Michael MYERS, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

October 20, 2011.

Attorney(s) appearing for the Case

Stacy Tolchin , Law Offices of Stacy Tolchin, Los Angeles, CA, for Petitioner.

Jesse Matthew Bless , Liza Murcia , OIL, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Order; Dissent by Judge IKUTA.

ORDER

Mr. Myers's motion to stay issuance of the mandate pending adjudication of his motion to reopen before the Board of Immigration Appeals (BIA) is GRANTED. See Aguilar-Escobar v. INS, 136 F.3d 1240, 1241 (9th Cir.1998) (staying the mandate until the petitioner's application before the BIA is disposed of); Alvarez-Ruiz v. INS, 749 F.2d 1314, 1316 (9th Cir.1984...

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