Sample. Even after the BIA issues a final decision on the appeal, it can consider two types of motions - motions to reconsider and motions to reopen. Washington, D.C., 20005. Defendant prays that the Court allow the Substitution of Counsel, as set forth herein. Form Popularity motion for substitution of counsel eoir form. hjHmI1e*uejDg%I`V5sYg/B +&gsgU]d~8+US-.h.U$ EQi# h k~[ At various points in your asylum representation, you may need to file a procedural motion with the immigration court. endstream endobj 213 0 obj <>/Subtype/Form/Type/XObject>>stream Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled. IMMIGRATION COURT [City, State] . 1003.17(b); Chapter 2.2(c) (Limited Appearance for Document Assistance). HR(T0 u Substitution of Attorney. The motion should be filed with a cover page labeled MOTION TO AMEND and comply with the requirements for filing. ! Included following the sample skeletal motion is a suggested exhibit list. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. 40 0 obj <> endobj ( A) Administrative suspension If an attorney fails to register, they may be administratively suspended from . On this page you will find sample motions that you can use and adapt. Our's is the most comprehensive Forms catalogue on the web and provides affordable and accurate samples for customers and legal professionals, and SMBs. 2022 California Rules of Court A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051). Chapter 2 - Appearances Before the Immigration Court, 2.1 - Representation and Appearances Generally, 2.2 - Unrepresented Respondents ("Pro se" Appearances), 2.4 - Accredited Representatives and Recognized Organizations, 2.7 - Immigration Specialists/Consultants, Chapter 3 - Filing with the Immigration Court, Chapter 4 - Hearings Before the Immigration Judges, Chapter 5 - Motions Before the Immigration Court, Chapter 6 - Appeals of Immigration Judge Decisions, Chapter 7 - Other Proceedings Before Immigration Judges, 2.2 - Unrepresented Respondents ("Pro se" Appearances), 2.4 - Accredited Representatives and Recognized Organizations . See Chapter 5.2(a) (Where to file). If you have a question or are considering filing a claim or lawsuit, please contact us to discuss with one of our experienced accident attorneys at (619) 736-0080 for a free consultation. This motion is not a substitute for independent legal advice supplied by a lawyer familiar with a client's case. Tell the client that your withdrawal at this time shouldn't prejudice . S`*tNt.O{fz b]Q.3\,t%~4i^/(,14MC9rFPL>zlPXd`gf0S]6:p(S>X|I7nQSdD4O\\uzbv1i=pL=Ez{No[f+?_o))mr2vG+~_^/5}~4kZLG*Xaw &hc> 6y/hvgLnuK\xyvFIem t (p) Motion for SubpoenaSeeChapter 4.20(Subpoenas). The following rules govern such a motion: (1) The court may grant the motion without a hearing. (2) Address Obligations All practitioners have an affirmative duty to keep the immigration court apprised of their current contact information, including address, email address, and telephone number. 3 0 obj 0 See Chapter 10 (Discipline of Practitioners). At various points in your asylum representation, you may need to file a procedural motion with the immigration court. endobj In order to file a motion for prima facie determination, the noncitizen must have filed or is filing concurrently a completed application for suspension of deportation under section 244(a)(3) or cancellation of removal under section 240A(b)(2) of the INA. (l) Motion to Permit Telephonic AppearanceSeeChapter 4.15 (Master Calendar Hearing). (b) AppearancesAttorneys must complete the proper form to make an appearance before the immigration court. % endobj It is your file and you are entitled to it. Share sensitive information only on official, secure websites. Sample. See 8 C.F.R. endobj H\V XMlx-Xs^8P1sUV }_]C"!ZKq}^~8~? (Attorneys may attach an explanatory supplement or other documentation to the form.) Motion to Substitute Bond. 1003.17(b) and Section 2.3(i) of the Immigration Court Practice The motion should contain the following information:" the reason(s) for the substitution of counsel, in conformance with applicable state bar and other ethical rules" evidence that prior counsel has been notified about the motion for substitution of counsel . 993]. (c) Motion to Change VenueA request to change venue should be made by written motion. A motion to recalendar should provide the date and the reason the case was closed. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endobj the court date in the notice to appear nta that the applicant first receives will be for an mch date, practice procedure amp advocacy skills december 11 2014 michelle n mendez catholic charities of washington fatma marouf notification of master calendar hearing motions before the immigration court, motions to reopen may See 8 C.F.R. A practitioner who enters an appearance on behalf of a respondent before the immigration court by filing a Form EOIR-28 remains the practitioner of record unless an immigration judge permits withdrawal or substitution during proceedings upon oral or written motion submitted without fee. ;Ru. It is meant as a resource for volunteer attorneys and must not be used as a substitute for legal research or advice from an experienced immigration lawyer. ICE: Immigration and Customs Enforcement . Responses to motions for prima facie determination are due within five (5) business days after the motion was received by the immigration court, unless otherwise specified by the immigration judge. Just invest tiny mature to admittance this on-line broadcast Sample Motion For Telephonic . hbbd```b`` k@$.8 ,2 =Dm`,"Y|&90YMClxXH27.L8dL> (n) Motion for Video TestimonySeeChapter 4.15(Master Calendar Hearing). Undersigned counsel has served a copy of this motion on ppellant. Assistant Chief Counsel/Senior Attorney U.S. Immigration and Customs Enforcement U.S. Department of Homeland Security 1234 Center Street Anytown, ST 99999 (000) 000-0000 Counsel for Respondent(s) Law Firm (If Applicable) Address 1 Address 2 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT-LOCATION 2:07-CV-371-TJW-CE JURY MOTION TO SUBSTITUTE COUNSEL PLEASE TAKE NOTICE that Defendants AOL LLC and America Online, Inc. hereby move pursuant to Local Rule 11(d) for substitution of counsel. SeeChapter 5.2(Filing a Motion),Appendix E(Cover Pages). 206 0 obj <> endobj See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). P\N~XpZ,V!HSi.ht&uJ4dlz=IE_yBZI73kpa#3;.M[Z9!i^:C4V4 r][ n3dB Z'ukiq4*_rn@P:,FL@>!z?Hg!1l,=;D/7{Y Hg@5`vxh PK ! IJ: Immigration Judge . <> See Chapter 5.2(Filing a Motion),Appendix E(Cover Pages). he or she will need to file a motion to change venue to the immigration court with jurisdiction over her or his new residence. I recently left the firm of FIRM 1 LLP, and joined the firm of FIRM 2, P.C. 1 0 obj Attach a copy of the motion you filed with the court to be relieved as counsel. (1) eRegistry An attorney must register with EOIR through ECAS in order to appear before the immigration court and use ECAS. Pursuant to 8 C.F.R. Signature of attorney to be substituted Name of Attorney to be substituted Firm Name Address City, State, Zip code Phone number Facsimile . 1292.1(f), and Chapter 2.3(b)(1) (eRegistry), below. endobj No. immigration court operations, including workforce planning and hiring; and (3) the extent to which EOIR has assessed immigration court performance, including case continuance data. See 8 C.F.R. EOIR: Executive Office of Immigration Review (the Immigration Court) ERO: Enforcement and Removal Operations (a division of ICE) HHS: Department of Health and Human Services . See 8 C.F.R. e=q8~D:%?^:NL20+[&2jy_8}8HWBeQtTW */9f_|JU,U (s) Motion to Stay Removal or DeportationSeeChapter 8(Stays). Legal Standards As a general matter, "[a]n attorney may withdraw from representation only upon leave of the court and a showing of good cause and reasonable notice to the client." In re Wynn, 889 F.2d 644, 646 (5th Cir.1989). 4 0 obj The attorney of record on the case status remains the same until entry of a court order of withdrawal or substitution of counsel. This might be a Motion for a Continuance if you need to request a later hearing date; a Motion for Telephonic Appearance or Telephonic Testimony; or a Motion to Accept Late-Filed Evidence. UNITED STATES DEPARTMENT OF JUSTICE. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. k]y65Z>77.qmFG2]i6J/m>P)Y=(^Oo#u_2kK?0e;yQeif !y]gDc5ZFQ2q'D*]RK"a1{|IL>9 <>>> Teb motfon must Gb cfQba Fna sbrvba usfnd teb nbdFtfvb notf`b Uro`baurbs oc Lo`FQ RuQb 2002-4 Fna Urovfab cor F 14-aFy rbsUonsb Ubrfoa. Indicate your mailing preferences by checking the box next to Item Number 1.b. This manual is strictly informational in nature. See 8 C.F.R. endstream endobj 217 0 obj <>stream The motion should be supported by documentary evidence. l0`jAN(F8G yk A .gov website belongs to an official government organization in the United States. If the attorney is subject to discipline or otherwise restricted in the practice of law, then the attorney must provide additional information on the back of the form. (d) Motion for Substitution of CounselSee Chapter 2.1(b)(3) (Change in Representation). Sample Motion to Convert Individual Hearing to Master Calendar . That is the topic of next week's discussion when we further address a motion to withdraw as counsel in your case. As of February 8, 2008 all opinions are Adobe Acrobat PDF documents. Esq: Your last advice was "to file the I-130 [done and approved] and then motion the Immigration Court to reopen . 263 0 obj <>stream This motion is not a substitute for independent legal advice supplied by a lawyer familiar with a client's case. MOTION TO SUBSTITUTE NAME OF DEFENDANT FOR NAME OF REAL PARTY IN INTEREST PURSUANT TO RULE 15(a), 17 (a) AND 19(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE Come now Plaintiffs, Michael Moore and Ronald P. Gentry, in the above cause and move the Honorable Court to correct the name of Defendant, ICANN Enterprises, Inc. to read Internet Motions in Immigration Court. 8 U.S.C. t](*pao\Pv:\mQGNn]\xstCjNo\|O @ob,?SPJsIg$+\OM7BgyQ6hetpKu xh]VaT'k WGJklB 42gncDeA"mW =q8$;4gi6eu )b^@8;u.gyv}}rdYR_pW(\PU^:tiv4!S;*jv4CvC:Eg}xhl'E@u XEj|7 |oiVE+1oz"}-Z_0 m(we_EYb}:[?[]w" fD It is not intended as, nor does it constitute, legal advice. Fttornby must cfQb F motfon Fna oGtFfn Court FUUrovFQ to Gb rbmovba Fs `ounsbQ. There is good cause for this court to grant the motion to withdraw. The motion should set forth in detail the reasons for the request and, if appropriate, be supported by evidence. See Exhibit A, Signed Form EOIR . If you retain new counsel, that attorney will notify the agency of representation by submitting a Form G-28 Notice of Entry of Appearance. (w) Motion for Prima Facie Determination of EligibilityNoncitizens with a pending application for suspension of deportation under section 244(a)(3) of the Act, or cancellation of removal under section 240A(b)(2) of the Act, may file a motion with the immigration court for a determination that they are a qualified noncitizen for purposes of receiving public benefits under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 as a noncitizen who has demonstrated prima facie eligibility for such relief from removal. HlN0} file a motion to substitute counsel with the Court as soon as possible. In order to add an electronic signature to a motion substitution form, follow the step-by-step instructions below: Log in to your signNow account. endstream endobj 218 0 obj <>stream memorandum required for a compensation claim in excess. PDF. The following information must be completed by attorneys in completing a Form EOIR-28 or Form EOIR-61. Urge the client to immediately seek other counsel. Therefore, signNow offers a separate application for mobiles working on Android. SeeChapter 5.2(Filing a Motion),Appendix E(Cover Pages). endstream endobj 44 0 obj <>stream 232 0 obj <>/Filter/FlateDecode/ID[<354A2C324FF7CC438367C1AEBA20014B>]/Index[206 58]/Info 205 0 R/Length 113/Prev 161979/Root 207 0 R/Size 264/Type/XRef/W[1 3 1]>>stream Compliance with the provisions of rule 2.505(c)(2) Fla. R. Jud. Normally, this is permitted, without objection by opposing counsel, provided that substitute counsel appears in the withdrawing attorney's place. The motion should set forth in detail the reasons for the request and, if appropriate, be supported by evidence. HR(T0 u An unregistered attorney who is permitted to appear at one hearing in such circumstances must complete the electronic registration process without delay after that hearing. 4 0 obj 3.21(c)(2) and 3.31A(f), Complaint Counsel respectfully moves for leave to substitute its economic expert witness and to submit a replacement expert disclosure and report. Substitute Counsel. (b) Motion to AdvanceA request to advance a hearing date (move the hearing to an earlier date) should be made by written motion. online pronouncement Sample Motion For Telephonic Appearance Immigration Court Pdf can be one of the options to accompany you once having further time. 4. It will not waste your time. The Board of Immigration Appeals recently issued a precedent decision setting forth standards for reopening a case based on a claim of ineffective assistance of counsel. Good cause exists for the requested substitution: during the recent 18-month stay of proceedings, Complaint (B) Bar informationWhen an attorney is a member of a state bar which has a state bar number or corresponding court number, the attorney must provide that number on the Form EOIR-28 or Form EOIR-61. Pursuant to 8 C.F.R. (o) Motion to Present Telephonic TestimonySeeChapter 4.15 (Master Calendar Hearing). The Immigration Judge may set and extend time limits for the making of motions and replies The motion should be filed with a cover page labeled MOTION TO CHANGE VENUE, accompanied by a proposed order for change of venue, and comply with the deadlines and requirements for filing. stream % %PDF-1.6 % Get Form. If the person did not appeal to the BIA, the <> See Chapter 5.2(e)(Evidence). The Plaintiff has not selected a substitute . As you are aware, your next macalendar hearing before ster Immigration Court the at [Address] is on DATE. agree to me, the e-book will certainly manner you extra matter to read. U.S. Immigration and Customs Enforcement . (j) Motion to Waive Practitioner of Records AppearanceSeeChapter 4.15(Master Calendar Hearing). A motion to advance should completely articulate the reasons for the request. THIS CAUSE having come before the Court on a Joint Stipulation for Substitution of Counsel, and the Court having been duly advised in the premises, it is hereby: endstream endobj 210 0 obj <>/Subtype/Form/Type/XObject>>stream [RPA(1]This sentence is incorrect, and should be deleted. . It should also include the date and time of the hearing, as well as preferred dates that the party is available to re-schedule the hearing. PDF. Official websites use .gov See Chapter 10.6 (Duty to Report). A .gov website belongs to an official government organization in the United States. 1003.20. USCIS to send your secure document (s) to your legal representative. Washington, D.C., 20005. <>/Metadata 417 0 R/ViewerPreferences 418 0 R>> In addition, an attorney must be registered with EOIR in order to appear before the immigration court. endstream endobj 211 0 obj <>/Subtype/Form/Type/XObject>>stream In support of this motion, Respondent states the following: 10 Case 4:06-cv-03849 Document 10 Filed 01/26/2007 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ELIZABETH A. GILMORE, Petitioner V. FULBRIGHT & JAWORSKI L.L.P., Respondent C. A. Sept. 1, 2003. Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. Services & Forms. (2) Substitution of counsel will not by itself be good cause to alter or delay any scheduled matters or deadlines. hb```slQ 4BWcP;+'.P( *(hj.&@Z"UF21`gY)i5#sL73b^k:0iXL ' =H35N_L&'Gl1S)E@| _/, 1003.17(a); Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record). Secure .gov websites use HTTPS MOTION FOR SUBSTITUTION OF COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES _____, Defendant in the above styled cause, and would show the Court as follows: . State whether, apart from this motion, there are any pending filing deadlines, discovery matters, hearings, trials, or conferences in the case. An . Motion to Withdraw Counsel. Chapter 5 - Motions Before the Immigration Court, Chapter 2 - Appearances Before the Immigration Court, Chapter 3 - Filing with the Immigration Court, Chapter 4 - Hearings Before the Immigration Judges, 5.9 - Motions to Reopen In Absentia Orders, Chapter 6 - Appeals of Immigration Judge Decisions, Chapter 7 - Other Proceedings Before Immigration Judges, 5.9 - Motions to Reopen In Absentia Orders, the date and time of the next scheduled hearing, an admission or denial of the factual allegations and charge(s) in the Notice to Appear (Form I-862), a designation or refusal to designate a country of removal, if the respondent will be requesting relief from removal, a description of the basis for eligibility, a fixed street address where the respondent may be reached for further hearing notification, if the address at which the respondent is receiving mail has changed, a properly completed change of address form (Form EOIR33/IC), a detailed explanation of the reasons for the request. %%EOF Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. |q3o!2 %p@jI>O, informed the government of the intended filing of this motion. << /Length 5 0 R /Filter /FlateDecode >> This court has authority to substitute new counsel. HTML. To learn more, please go to scam.immigrationcouncil.org. 1003.17(b) and Section 2.3(i) of the Immigration Court Practice Manual, Respondent, by and through undersigned counsel, requests that the Court allow NIJC ATTORNEY to be substituted by PB ATTORNEY as counsel of record in his removal proceedings. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign All counsel Von Kahle v. Hooker, et al 12-034121 CA 07 Stipulation and Order for Substitution of Counsel ORDERED AND ADJUDGED that: 1. Once an appeal is filed with the Board of Immigration Appeals, the immigration judge no longer has jurisdiction over the case. The filing of a motion to continue does not excuse the appearance of a respondent or practitioner of record at any scheduled hearing. in Part 4 for secure documents. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 0 Immigration Judge: [NAME] Master Hearing: [DATE, OR TBA] MOTION FOR CUSTODY AND BOND REDETERMINATION IN CONSIDERATION OF COVID-19 PANDEMIC This sample is not a substitute for independent legal advice supplied by a lawyer familiar with a client's case. Therefore, until the motion is granted, parties must appear at all hearings as originally scheduled. This might be a Motion for a Continuance if you need to request a later hearing date; a Motion for Telephonic Appearance or Telephonic Testimony; or a Motion to Accept Late-Filed Evidence. Twenty-Seventh Judicial . AOL LLC and America Online, Share sensitive information only on official, secure websites. See 8 C.F.R. 59 0 obj <>stream See Chapter 3.1(d) (Defective Filings). A motion to reconsider is based on legal grounds, and seeks a new determination based on al leged errors of fact or law. Tuesday, July 29, 2014. 48 0 obj <>/Filter/FlateDecode/ID[<608D57CD42492642AC26404E2CAFEE1A>]/Index[40 20]/Info 39 0 R/Length 59/Prev 82196/Root 41 0 R/Size 60/Type/XRef/W[1 2 1]>>stream 'S2YcFb,;I= 2dQ5OpVha-wvRg7r9~cn['(@I7w7k$&B=4\0=HuSh`,vh$lFjb1VMafY+UT):@:t_ndhb/0>u "z(=}vEd8_wo|>;~$ ; SeeChapter 5.2(Filing a Motion),Appendix E(Cover Pages). {$kOZky@=`UpDJg=$y-L@R6x 1292.1 (f), and Chapter 2.3 (b) (1) (eRegistry), below. 2 A[ ] time when either party wishes to place a matter back on the active docket, that party may file a motion to recalendar. If available, a copy of the closure order should be attached to the motion. SeeChapter 5.2(Filing a Motion),Appendix E(Cover Pages). An official website of the United States government. ?VV&{@oz5 sp[AD!Ofj)!d !OxO 8y{kPYVKL`04P=e-B~@Dx1A1. It is not intended as, nor does it constitute, legal advice. Situation 2: Attorney A's employment is . Changes in an attorneys address or contact information should be made by updating the registration information in EOIRs eRegistry to include the new address and contact information. (See Exhibit 2 attached hereto.) <> (m) Motion to Request an InterpreterSeeChapter 4.15(Master Calendar Hearing). The decision builds upon the seminal case, Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), and clarifies that a respondent seeking reopening must show a reasonable probability that . 2018 - Chapter 5 Motions before the Immigration Court G Sample Proof of Service to issue an Immigration Court Practice Manual b Practice Procedure amp Advocacy Skills April 23rd, 2018 . SeeChapter 5.2(e)(Evidence). 1292.1 (f) . @/OA "*A endstream endobj startxref Substitution of counsel on any civil case in the General District Court simply requires a letter from new counsel stating the "substitution is made pursuant to agreement by the parties represented and original counsel." (Va. Code 16.1-69.32:1) The Court does not require (or encourage) a motion, order, or signed . Complete a new Form G-28 (edition date: 05/23/18 or 09/17/18), and make sure you and your legal representative complete and sign the appropriate sections of the form. A "motion to set" asks the judge to set a date for a future trial. See Declaration of Dana Karni attached hereto as Exhibit B. 1292.1(f). s^@[;/$fjNsC>H.rfM:^@K3a0K@%L%l!+HHcc"D?5_`\9^HqvL~ZgDT>G$fX}C8renE*IuRfjH. A sample motion to substitute counsel for a pro bono attorney taking over a case from a prior attorney. When filing a paper Form EOIR-28 or Form EOIR-61, all information required on the form, including the date, should be typed or printed clearly. CJA Form 27A Guidance to attorneys in drafting the. As grounds therefore, Respondent(s) avers that [he/she] is indigent and unable to pay the fees. An attorney who fails to provide disciplinary information will not be recognized by the immigration court and may be subject to disciplinary action. 3 0 obj 1003.23(a). The court also could not identify any showing of excusable neglect, as the only explanation in the record for requesting an extension of time to substitute the party is contained in counsel's motion, wherein he asserted that "[n]o formal administration of the plaintiff's estate had occurred thus precluding the appointment of a legal . (x) Other Types of MotionsThe immigration court entertains other types of motions as appropriate to the facts and law of each particular case, provided that the motion is timely, is properly filed, is clearly captioned, and complies with the general motion requirements. (A) Administrative suspensionIf an attorney fails to register, they may be administratively suspended from practice before the immigration court. NO. HR(T0 u Readers are advised to . By letter sent a with the copy of the motion, counsel has also informed ppellant in writing of his right to a respond to the motion within seven days, in accordance with Local Rule . See Chapter 5.2 (e) (Evidence). It is not intended as, nor does it constitute, legal advice. HWkoH/LJwJ*V{38 )Os{' Grc>D}BSr"e1.X$P>GJE.|E?QbDl8q(C{0V1~Id$(G6fY p@zp$uXFreM`DED*L#*Z]eU`"%KQ~ Ahi8l91FU_ I *Ks(oR'CD6,r2qI]LVD}yI,Dg#): !64EMy'(d^~bSy6S 44=>zWuL@4'uX|`TmD1ybmL=ef}q/aJ8%:I@4 ~/Qb8 ICa)L Download Form (pdf, 94.78 KB) Form Number: AO 154. By contrast, if you have a court case or appeal pending, your attorney will not be able to withdraw without permission of the immigration court judge or the Board of Immigration Appeals ("B.I.A."). Movers must furnish the court with a proposed order. endobj Immigration law frequently changes. See Chapter 2.1(b)(6) (Address Obligations of Practitioners). (a) QualificationsAttorneys may represent individuals before the immigration court as the practitioner of record, or provide document assistance, only if they are members in good standing of the bar of the highest court of any state, possession, territory, or Commonwealth of the United States, or the District of Columbia,and are not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting them in the practice of law.

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