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LOPEZ-ELIAS v. RENO

No. 99-60757.

209 F.3d 788 (2000)

Ricardo LOPEZ-ELIAS, Petitioner, v. Janet RENO, Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

May 1, 2000.

Attorney(s) appearing for the Case

Terry-Lynn Winston, Santa Barbara, CA, for Petitioner.

Erin Albritton, David V. Bernal, U.S. Dept. of Justice, Office of Immigration Litigation, Janet Reno, U.S. Atty. Gen., Civil Div., App. Staff, Robert L. Bombaugh, Director, OIL, Civ. Div., Washington, DC, Lynne Underdown, INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, William G. Harrington, Acting Director, INS, Dist. Directors Office, Dallas, TX, for Respondent.

Before SMITH, BARKSDALE and PARKER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This case requires the court once again to construe the criminal alien removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009-546 ("IIRIRA"). Specifically, we must determine whether a Texas conviction of burglary of a vehicle with the intent to commit theft constitutes a theft offense, a burglary offense, or a crime of violence—any of which alone would...

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