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BEAD v. HOLDER

No. 12-1434.

703 F.3d 591 (2013)

Ebenezer Jackson BEAD, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

January 7, 2013.

Attorney(s) appearing for the Case

Gregory C. Osakwe on brief for petitioner.

Robert Michael Stalzer , Trial Attorney, United States Department of Justice, Office of Immigration Litigation, Stuart F. Delery , Acting Assistant Attorney General, Civil Division, and Thomas B. Fatouros , Senior Litigation Counsel, Office of Immigration Litigation, on brief for respondent.

Before LYNCH, Chief Judge, BOUDIN and STAHL, Circuit Judges.

STAHL, Circuit Judge.

In 2007, an Immigration Judge (IJ) ruled that petitioner Ebenezer Jackson Bead had abandoned his asylum application by failing to provide biometric information to the Department of Homeland Security (DHS). Three years later, Bead moved to reopen his case, arguing that he had received ineffective assistance of counsel. We agree with the Board of Immigration Appeals (BIA) that Bead's motion to reopen was untimely, and we therefore deny the petition...

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