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AVILA-SANTOYO v. U.S. ATTY. GEN.

No. 11-14941 Non-Argument Calendar.

713 F.3d 1357 (2013)

Rigoberto AVILA-SANTOYO, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

April 12, 2013.

Attorney(s) appearing for the Case

Claudia Valenzuela Rivas , Nat. Imm. Justice Ctr., Brian Joseph Murray , Jones Day, Chicago, IL, Jason Todd Burnette , Jones Day, Atlanta, GA, for Petitioner.

Patrick James Glen , Jennifer Paisner Williams , David V. Bernal , Krystal Samuels , U.S. Dept. of Justice, OIL, Eric Holder, Jr. , U.S. Atty. Gen.'s Office, Washington, DC, Michelle Ressler , Dist. Counsel's Office, Miami, FL, for Respondent.

Linton Joaquin , Karen Cassandra Tumlin , Nat. Imm. Law Ctr., Los Angeles, CA, for Amicus Curiae Nat. Imm. Law Ctr.

Before DUBINA, Chief Judge, TJOFLAT, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges, and BLACK, Senior Circuit Judge.

ON PETITION FOR REHEARING

PER CURIAM:

Rigoberto Avila-Santoyo, a native of Mexico, petitions for review of the Board of Immigration Appeals's ("BIA's") order dismissing his appeal from the Immigration Judge's ("IJ's") denial of his motion to reopen his removal proceedings. The BIA dismissed his appeal, concluding that it lacked jurisdiction under the departure bar1 and, alternatively, that the motion was filed more than 90 days...

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