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PRUDENCIO v. HOLDER

No. 10-2382.

669 F.3d 472 (2012)

Ricardo A. PRUDENCIO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Immigrant Defense Project; National Immigration Project of the National Lawyers Guild; Immigrant Legal Resource Center; Kathryn O. Greenberg Immigration Justice Clinic of the Benjamin N. Cardozo School of Law, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: January 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Hilario Mercado, Jr. , Mercado Law Firm, PLC, Falls Church, Virginia, for Petitioner. Jesse Matthew Bless , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Tony West , Assistant Attorney General, Civil Division, Jennifer Paisner-Williams , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. Peter L. Markowitz , Benjamin N. Cardozo School of Law, New York, New York, for Amici Supporting Petitioner.

Petition granted; vacated and final judgment by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER joined. Judge SHEDD wrote a dissenting opinion.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

Ricardo A. Prudencio is a native and citizen of El Salvador who has been granted lawful permanent resident alien status in the United States. He petitions this Court for review of a decision of the Board of Immigration Appeals (the Board), in which the Board dismissed his appeal from an immigration judge's decision classifying him as an alien subject to removal under section 237(a)(2)(A)(i) of the Immigration...

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