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NUNEZ-PORTILLO v. HOLDER

No. 13-2256.

763 F.3d 974 (2014)

Marco Antonio NUNEZ-PORTILLO, Petitioner v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2014.

Attorney(s) appearing for the Case

Timothy E. Wichmer , Saint Louis, MO, for Petitioner.

Kelly J. Walls , Washington, DC, for respondent.

Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges.

KELLY, Circuit Judge.

Marco Nunez-Portillo, a native and citizen of Mexico, petitions for review of the discretionary denial of his application for cancellation of removal pursuant to 8 U.S.C. § 1229b(b). He contends the Board of Immigration Appeals (BIA), in affirming the denial, erred as a matter of law in evaluating his claim and, in doing so, violated his right to due process under the Fifth Amendment. Because we conclude

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