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CUENCA v. BARR

No. 16-72378.

941 F.3d 1213 (2019)

Alfonso Padilla CUENCA, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2019.

Attorney(s) appearing for the Case

Judah Lakin (argued), Van Der Hout Brigagliano & Nightingale LLP, San Francisco, California; Frances Kreimer , Dolores Street Community Services, San Francisco, California, for Petitioner.

Jonathan K. Ross (argued) and Enitan O. Otunla , Trial Attorneys; Bernard A. Joseph , Senior Litigation Counsel; Derek C. Julius , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Mary M. Schroeder and Milan D. Smith, Jr., Circuit Judges, and Douglas L. Rayes, District Judge.

OPINION

Generally, when an alien is ordered removed from the United States, he may move to reopen his removal proceeding within 90 days of entry of the final removal order based on new, material facts that could not have been discovered or presented at the original removal hearing. 8 U.S.C. § 1229a(c)(7). "The...

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