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BARNES v. HOLDER

No. 09-1782.

625 F.3d 801 (2010)

Nicolas Alfonso BARNES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: November 10, 2010.

Attorney(s) appearing for the Case

ARGUED: Linda Hanten, Harrigan & Hanten, PC, Washington, D.C., for Petitioner. Janette L. Allen, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Tony West, Assistant Attorney General, Civil Division, Thomas B. Fatouros, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition denied by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.

OPINION

DUNCAN, Circuit Judge:

Nicolas Alfonso Barnes petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming an Immigration Judge's ("IJ"'s) denial of his motion to terminate removal proceedings. Barnes challenges the BIA's conclusion that an IJ can only terminate removal proceedings pursuant to 8 C.F.R. § 1239.2(f) based on the pendency of a naturalization application if the alien presents an affirmative communication...

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