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BARRIENTOS v. LYNCH

No. 14-73178.

829 F.3d 1064 (2016)

Arturo Alexander BARRIENTOS, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2016.

Attorney(s) appearing for the Case

Nicholas Smith (argued) and Hain-Whei Hsueh , Certified Law Students; Stephen A. Tollafield , Supervising Counsel; Gary A. Watt , Supervising Counsel; Hastings Appellate Project, San Francisco, California; for Petitioner.

Manuel A. Palau (argued), Trial Attorney; Terri J. Scadron , Assistant Director; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Jerome Farris, Diarmuid F. O'Scannlain, and Morgan Christen, Circuit Judges.

ORDER

We must determine whether we have jurisdiction over a petition for review of a decision of the Board of Immigration Appeals that our clerk's office received five days after the deadline for filing.

I

Arturo Alexander Barrientos, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' decision affirming the immigration judge's denial of withholding of removal and protection under the Convention Against...

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