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Reyes-Fuentes v. Holder
Citation: 310 F. App'x 483Docket: No. 08-2324-ag
Court: Court of Appeals for the Second Circuit; February 18, 2009; Federal Appellate Court
Petitioner Tito Edenilson Reyes-Fuentes seeks a review of a BIA order from April 17, 2008, which dismissed his appeal against a December 12, 2006 immigration judge's decision. The immigration judge found Reyes-Fuentes removable and denied his motions to terminate and administratively close the proceedings. Reyes-Fuentes, a 14-year-old from El Salvador, is the son of a mother with Temporary Protected Status (TPS) granted by the U.S. However, he has not maintained continuous physical presence in the U.S. since the designation of El Salvador for TPS in 2001, as stipulated by 8 U.S.C. 1254a(c)(1)(A) and 8 C.F.R. 1244.2. The counsel for U.S. Immigration and Customs Enforcement opposed administrative closure before the immigration judge, and Reyes-Fuentes has not applied for an administrative stay or other measures to defer his removal. Consequently, the petition for review is denied.