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10-127 - Chavez Hernandez v. Holder et al

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10-127 - Chavez Hernandez v. Holder et al
April 12, 2010
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E. Strom. (MKR)MEMORANDUM OPINION- This matter is before the Court sua sponte on the issue of whether the Court has subject matter jurisdiction over this case. In light of ยง 1252(b)(3)(B), Hernandez is able to submit a petition for review to the Eighth Circuit, which will have discretion to enter a stay suspending Hernandez's removal until the adjudication of his application in Iowa state court. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle