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exercise of judgment is required in making such a decision. The
decision here was not a ministerial act. Accordingly, section
6404(e)(1)(A) is not applicable. We, therefore, do not need to
consider whether respondent abused his discretion or whether the
delay was attributable to petitioner.
To reflect the foregoing,
Decision will be entered
for respondent.
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Last modified: May 25, 2011