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CUENCA v. BARR

No. 16-72378.

956 F.3d 1079 (2019)

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

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2019.

Amended April 14, 2020.

Attorney(s) appearing for the Case

Judah Lakin (argued) and Amalia Wille , Lakin & Wille LLP, Oakland, California; Frances Kreimer and Katherin Mahoney , 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.

ORDER

The opinion filed on November 13, 2019, and reported at 941 F.3d 1213 is hereby amended as follows:

At 941 F.3d at 1218, <As the Fifth Circuit explained, § 1229a(c)(7) "provides that every alien ordered removed from the United States has a right to file one motion to reopen his or her removal proceedings," and § 1231(a)(5) "provides that an alien forfeits that right by reentering the country illegally. That is the clear import of...

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