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Dent v. Holder, No. 09-71987

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By FindLaw Staff on November 09, 2010 4:26 PM

Grant of Petition for Review of Removal Order

In Dent v. Holder, No. 09-71987, a petition for review of the BIA's order affirming the IJ's decision removing petitioner from the U.S., the court granted the petition where, because petitioner was not provided with the documents in his A-file, he was denied an opportunity to fully and fairly litigate his removal and his defensive citizenship claim.

As the court wrote:  "The Department of Homeland Security initiated removal proceedings against Dent on the ground that he was not an American citizen or national, and had been convicted of an aggravated felony. He has lived in the United States since 1981, but according to the government, he is a citizen of Honduras and has been a lawful permanent resident rather than a citizen."

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