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HERNANDEZ-GARCIA v. HOLDER

No. 13-2467.

765 F.3d 815 (2014)

Adalberto HERNANDEZ-GARCIA, Petitioner v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2014.

Attorney(s) appearing for the Case

Timothy E. Wichmer , argued. Saint Louis, MO, for petitioner.

Ann Carroll Varnon , DOJ/OIL, argued, Washington, DC ( Virginia Lum , DOJ/OIL, and Nancy E. Friedman , Washington, DC, on the brief), for respondent.

Before LOKEN and MURPHY, Circuit Judges, and PERRY, District Judge.

LOKEN, Circuit Judge.

Responding to a Notice To Appear for removal proceedings, Adalberto Hernandez-Garcia, a citizen of Mexico, conceded he is removable and applied for cancellation of removal under 8 U.S.C. 1229b(b). The Attorney General may grant discretionary cancellation of removal and adjustment of status to a nonpermanent resident if he (1) has been continuously present in the United States for ten years prior to the date he applied; (2) "has been a person...

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