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TADEVOSYAN v. HOLDER

Nos. 07-75087, 08-71791, 08-73437.

743 F.3d 1250 (2014)

Masis TADEVOSYAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Masis Tadevosyan, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent. Masis Tadevosyan, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2014.

Attorney(s) appearing for the Case

Cheri Attix (argued), Law Office of Cheri Attix, San Diego, CA, for Petitioner.

Jesse Lloyd Busen (argued), Trial Attorney, Tony West, Assistant Attorney General, and Erica B. Miles , Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent.

Before: HARRY PREGERSON, MICHAEL R. MURPHY, and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

After Masis Tadevosyan was ordered removed from the country for an immigration violation, he married an American citizen and applied for a visa and adjustment of status. The Board of Immigration Appeals (BIA) refused to reopen his removal proceedings. Our question is whether in doing so, the BIA improperly relied on the fact of the Department of Homeland Security's (DHS) opposition to his motion, rather than on the merits of...

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