Docket No. 11-2867-ag.

725 F.3d 161 (2013)

Jose Matias PRETZANTZIN, aka Jose M. Pretzantzin-Yax, Pacheco Pretzantzin, aka Santos Ramiro Pretzantzin, Pedro Estanislado Pretzantzin, Pedro Leonardo Pacheco Lopez, Juan Miguel Pretzantlin-Yax, aka Juan Miguel Pretzantzin-Yax, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2013.

Attorney(s) appearing for the Case

Anne Pilsbury ( Heather Y. Axford , on the brief), Central American Legal Assistance, Brooklyn, NY, for Petitioners.

Matthew George , Trial Attorney, Office of Immigration Litigation, Civil Division ( Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Douglas E. Ginsburg , Assistant Director, Office of Immigration Litigation, on the brief), United States Department of Justice, Washington, DC, for Respondent.

Elaine J. Goldenberg , Matthew E. Price , Jenner & Block LLP, Washington, DC; Omar C. Jadwat , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, for Amicus Curiae American Civil Liberties Union Foundation.

Before: WESLEY, DRONEY, Circuit Judges, NATHAN, District Judge.

WESLEY, Circuit Judge:

In the early morning hours of March 5, 2007, Petitioner Pedro Estanislado Pretzantzin ("Estanislado Pretzantzin") awoke to a loud banging; he opened his third-floor bedroom window to see a group of armed, uniformed officers at his apartment building's front door in Jamaica, New York.1 The officers were from the Department of Homeland Security ("DHS") and worked for Immigrations and Customs Enforcement ("ICE"). Estanislado...

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