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MARTINEZ-LOPEZ v. HOLDER

No. 12-1121.

704 F.3d 169 (2013)

Jesus Ariste MARTINEZ-LOPEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

January 4, 2013.

Attorney(s) appearing for the Case

Sarita Rivera-Sasa and Rivera Sasa Immigration Law Offices on brief for petitioner.

Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Ada E. Bosque , Senior Litigation Counsel, Office of Immigration Litigation and Jem C. Sponzo , Trial Attorney, Office of Immigration Litigation, on brief for respondent.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

SELYA, Circuit Judge.

This petition for judicial review poses a question of first impression in this circuit: may an alien whose application for withholding of removal has been denied by the Board of Immigration Appeals (BIA) proffer, as the basis for a motion to reconsider, a ground for relief which, though previously available, was not previously asserted? The BIA answered this question in the negative, and so do we.

The petitioner, Jesus Ariste Martinez...

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