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WAUGH v. HOLDER

No. 10-9551.

642 F.3d 1279 (2011)

Vickers Virley Fritzgerald WAUGH, a/k/a Vickers Virley Fitzgerald Waugh, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

June 22, 2011.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Hakeem Ishola , Ishola Tarin, P.L.L.C., West Valley City, UT, for Petitioner.

David V. Bernal , Assistant Director, Tiffany L. Walters , Trial Attorney, and Tony West , Assistant Attorney General, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before HOLMES and McKAY, Circuit Judges, PORFILIO, Senior Circuit Judge.

McKAY, Circuit Judge.

Petitioner, a Jamaican citizen and lawful permanent resident of the United States, petitions for review of the decision of the Board of Immigration Appeals (BIA) ordering him removed. In August 2009, petitioner pled guilty in Utah state court to one count of unlawful sexual contact with a minor, a third-degree felony under Utah law. Following his conviction, the government instituted removal proceedings, and the immigration judge (IJ) found petitioner...

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