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GARCIA v. USICE (DEPT. OF HOMELAND SEC.)

Docket No. 09-4211-pr.

669 F.3d 91 (2011)

Carlos GARCIA, Petitioner-Appellant, v. USICE (DEPT. OF HOMELAND SECURITY), Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 29, 2011.

Attorney(s) appearing for the Case

Timothy W. Hoover ( Peter C. Obersheimer , on the brief), Phillips Lytle LLP, Buffalo, NY, for Petitioner-Appellant.

Katharine E. Clark , Trial Attorney, Office of Immigration Litigation, Civil Division ( Tony West , Assistant Attorney General, Shelley R. Goad , Assistant Director, Russell J.E. Verby , Senior Litigation Counsel, on the brief), for Eric H. Holder, Jr. , United States Attorney General, Washington, D.C., for Respondent-Appellee.

Before: MINER, WESLEY, and CHIN, Circuit Judges.

WESLEY, Circuit Judge:

I.

A.

Carlos Garcia was born in the Dominican Republic on December 24, 1978. His family immigrated to the United States in 1984, and shortly thereafter, he became a lawful permanent resident. When Garcia's family arrived in the United States, they resided on West 107th Street in Manhattan.

In 1988, while his family was vacationing in the Dominican Republic, his mother divorced his father in a Dominican court.

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