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Telyatitskiy v. Holder, 08-1774

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By FindLaw Staff on January 14, 2011 5:01 PM

Ukrainian citizen's petition for review of the BIA denial of a motion to reconsider removal order

Telyatitskiy v. Holder, 08-1774,concerned a Ukrainian citizen's petition for review of the BIA's denial of his motion to reconsider its earlier affirmance of an IJ's removal order.  In dismissing the petition, the court held that, because of the limited nature of the motion to reconsider and because of his complete failure to argue the scope of relevant evidence issue to the BIA, petitioner's withholding of removal claim is not reviewable for lack of jurisdiction.  The court also held thatjudicial review of petitioner's weight-of-the-evidence argument is not permitted under section 1252.

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