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GARCIA-CARIAS v. HOLDER

No. 11-60550.

697 F.3d 257 (2012)

Wilmer Alberto GARCIA-CARIAS, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

September 27, 2012.

Attorney(s) appearing for the Case

Ronaldo Rauseo-Ricupero (argued), Maia Harris , Danielle Mairin McLaughlin , Nixon Peabody, L.L.P., Boston, MA, Jessica Ellen Chicco (argued), Post-Deportation Human Rights Project, Boston College, Newton, MA, for Petitioner.

Gregory Darrell Mack , Sr. Lit. Counsel (argued), Gerald Mark Alexander , Trial Atty., Tangerlia Cox , U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Before JOLLY, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Wilmer Alberto Garcia-Carias was removed from the United States in 2005. In December 2010, Garcia filed a motion to reopen with the Immigration Court. The following month, the Immigration Judge denied Garcia's motion, finding that, under the Attorney General's departure regulation, he lacked "jurisdiction to grant [Garcia's motion] as [Garcia] ha[d] been removed from the United States." On appeal, the Board of Immigration Appeals affirmed...

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