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RUIZ v. MUKASEY

Docket No. 07-5727-ag.

552 F.3d 269 (2009)

Jeanette RUIZ and Benicio Ruiz, Petitioners, v. Michael B. MUKASEY, Attorney General of the United States, and Michael Chertoff, Secretary of United States Department of Homeland Security, Respondents.

United States Court of Appeals, Second Circuit.

Decided: January 12, 2009.

Attorney(s) appearing for the Case

Kevin E. Dehghani, Esq., New Haven, CT, for Petitioners.

Gregory G. Katsas, Assistant Attorney General; Cindy S. Ferrier, Senior Litigation Counsel; Michelle G. Latour, Assistant Director; Nairi M. Simonian, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondents.

Before: McLAUGHLIN, LIVINGSTON, Circuit Judges, and GERSHON, District Judge.

LIVINGSTON, Circuit Judge:

Respondents move to dismiss for lack of jurisdiction the petition filed by Jeanette and Benicio Ruiz ("Petitioners") for review of a November 30, 2007, decision of the Board of Immigration Appeals ("BIA") dismissing Petitioners' appeal from the January 3, 2007, decision of District Director Christina Poulos denying the I-130 petition filed by Benicio Ruiz, a citizen of the United States, for classification of Jeanette Ruiz as his spouse...

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