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Benaouicha v. Holder

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ARGUED FEBRUARY 12, 2010

Before EASTERBROOK, Chief Judge, HAMILTON, Circuit Judge, and SPRINGMANN, District Judge.*fn1

The Board of Immigration Appeals upheld an immigration judge’s order that petitioner Mohamed Tahar Benaouicha be removed from the United States pursuant to 8 U.S.C. §§ 1227(a)(1), 1227(a)(1)(C)(i), and 1227(a)(2)(A)(i). Petitioner conceded the facts underlying the charges of removal, but he argued that he was eligible for cancellation of removal as a battered spouse under 8 U.S.C. § 1229b(b)(2)(A). He contends in his petition for review that the BIA erred by ordering him removed without allowing him to demonstrate that he was a person of good moral character under the third prong of that statute. We deny the petition for review.*fn2

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