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POCASANGRE v. HOLDER

No. 10-70629.

668 F.3d 674 (2012)

Eliot Oswaldo POCASANGRE, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

February 6, 2012.

Attorney(s) appearing for the Case

Sylvia L. Esparza, Esquire , Law Office of Sylvia L. Esparza, Las Vegas, NV, for Petitioner.

Jesse Matthew Bless , DOJ-U.S. Department of Justice, OIL, Civil Division/Office of Immigration Litigation, David V. Bernal , Assistant Director, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Order; Dissent by Judge O'SCANNLAIN.

ORDER

Eliot Pocasangre has filed a motion for reconsideration and remand, which we treat as a petition for panel rehearing. Pocasangre entered the United States at the age of 15 and has been in the United States for over 5 years. He does not appear to have any criminal convictions.

In light of ICE Director John Morton's June 17, 2011 memo regarding prosecutorial discretion, and the November 17, 2011 follow-up memo...

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