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081274P.pdf   05/20/2009  Hilario Vargas  v.  Michael B. Mukasey
   U.S. Court of Appeals Case No:  08-1274
   Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Benton, Circuit Judge, and
   Magnuson, District Judge]
   Petition for Review - Immigration. Court had jurisdiction to review the
   BIA's refusal to grant petitioner's motion to remand where the request to
   reopen provided a completely new basis of seeking cancellation of
   removal; such a decision is reviewed under an abuse of discretion
   standard, and the BIA did not abuse its discretion in denying the motion;
   claim that refusal to remand violated petitioner's due process rights is
   rejected.