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Estrella Valencia, Also Known As Daniela Arevalo v. Eric H. Holder, Jr., Attorney General of the United States

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Submitted: September 22, 2011

Before LOKEN, BEAM, and MURPHY, Circuit Judges.

In December 2002, an immigration judge (IJ) found Estrella Valencia removable and granted her voluntary departure. Valencia failed to depart during the prescribed period and her removal order became final in April 2003. Six years later, Valencia moved to reopen her proceedings, arguing that her attorney had been ineffective in representing her. The IJ denied the motion and the Board of Immigration Appeals (BIA) dismissed Valencia’s subsequent appeal, concluding that the motion to reopen had not been timely filed and no exceptional circumstances warranted exercise of its discretionary authority to reopen proceedings sua sponte. Valencia petitions for review, and we deny the petition.

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