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TOBAR-BARRERA v. HOLDER

No. 11-1447.

ERWIN TOBAR-BARRERA, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2013.

Attorney(s) appearing for the Case

ARGUED: Timothy William Davis , LAW OFFICE OF TIMOTHY W. DAVIS, LLC, Baltimore, Maryland, for Petitioner.

Jonathan Aaron Robbins , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

ON BRIEF: Stuart F. Delery , Acting Assistant Attorney General, William C. Peachey , Assistant Director, Matthew Allan Spurlock , Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Petition granted in part and denied in part by unpublished opinion. Judge Davis wrote the opinion, in which Judge Gregory joined. Judge Keenan wrote a dissenting opinion.

UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

DAVIS, Circuit Judge.

Petitioner Erwin Tobar-Barrera ("Tobar-Barrera"), a native and citizen of Guatemala, seeks review of the Board of Immigration Appeals' ("Board") order dismissing his appeal of the decision by an Immigration Judge ("IJ") finding him ineligible for discretionary relief from removal under Section 203 of the Nicaraguan...

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