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ROSARIO-MIJANGOS v. HOLDER

Docket Nos. 11-1607-ag, 11-5123-ag.

717 F.3d 269 (2013)

Leonel ROSARIO-MIJANGOS, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: May 16, 2013.

Attorney(s) appearing for the Case

Anne E. Doebler , Anne E. Doebler, P.C., Buffalo, NY, for Petitioner.

James E. Grimes , Senior Litigation Counsel ( Stuart F. Delery , Acting Assistant Attorney General; Linda S. Wernery , Assistant Director, on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington D.C., for Respondent.

Before: JOHN M. WALKER, JR., LYNCH, and LOHIER, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

Leonel Rosario-Mijangos, a citizen of Mexico, seeks review of a Board of Immigration Appeals ("BIA") decision denying his application for cancellation of removal. To establish eligibility for cancellation of removal, Rosario-Mijangos must show, among other things, that he maintained at least ten years of "continuous physical presence" in the United States immediately prior to his application. See Ascencio-Rodriguez v. Holder,

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