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MEDINA v. WHITAKER

No. 18-1138.

913 F.3d 263 (2019)

Jose Alberto MEDINA, Petitioner, v. Matthew G. WHITAKER, Acting Attorney General, Respondent.

United States Court of Appeals, First Circuit.

January 22, 2019.

Attorney(s) appearing for the Case

Randy Olen on brief for petitioner.

Virginia L. Gordon , Trial Attorney, Civil Division, U.S. Department of Justice, Joseph H. Hunt , Assistant Attorney General, Civil Division, and Leslie McKay , Senior Litigation Counsel, Office of Immigration Litigation, on brief for respondent.

Before Lynch, Stahl, and Kayatta, Circuit Judges.

Petitioner Jose Alberto Medina ("Medina"), a native and citizen of Guatemala, appeals an order of the Board of Immigration Appeals ("BIA") denying his motion to reopen his immigration proceedings as untimely. Medina concedes that the motion, which was filed nearly five years after the BIA ordered his removal, fell outside the...

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