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MIRANDA v. SESSIONS

No. 16-2174.

853 F.3d 69 (2017)

Frank Edney Monteiro MIRANDA, Petitioner, v. Jefferson B. SESSIONS, III, Respondent.

United States Court of Appeals, First Circuit.

April 5, 2017.

Attorney(s) appearing for the Case

William P. Joyce , with whom Joyce & Associates P.C., Boston, MA, was on brief, for petitioner.

Jesse M. Bless , Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, and Anthony C. Payne , Assistant Director, Office of Immigration Litigation, were on brief, for respondent.

Before Lynch, Circuit Judge, Souter, Associate Justice, and Baldock, Circuit Judge.

Frank Edney Monteiro Miranda, who was once deemed to be a U.S. citizen by an immigration judge ("IJ") in 2007 and escaped the possibility of removal, now petitions for that determination to be considered binding in 2016 removal proceedings before a second IJ, who ordered Miranda removed based on his conviction for a drug felony...

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