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Mozdzen v. Holder

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ARGUED APRIL 22, 2010

Before KANNE, WILLIAMS, and HAMILTON, Circuit Judges.

In 1995, Jaroslaw Mozdzen, his wife, and their daughter came to the United States from Poland and unlawfully remained in the country. In an attempt to become permanent residents, they paid $12,000 in cash to a man in the back of a storefront who provided them with “I-551 passport stamps,” which portrayed them as temporary lawful permanent residents. But in 2005, the Department of Homeland Security did not honor the stamps and initiated removal proceedings against the Mozdzens. An immigration judge (“IJ”) found the Mozdzens, natives and citizens of Poland, removable, and the Board of Immigration Appeals (“BIA”) agreed. The Mozdzens petition this court for relief but because the Mozdzens have failed to establish lawful presence, we find substantial evidence supports the immigration judge’s finding that they are removable. Therefore, we deny the petition for review.

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