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DELEON-HOLGUIN v. ASHCROFT

No. 00-60694. Summary Calendar.

253 F.3d 811 (2001)

Ruben Isaac DeLEON-HOLGUIN, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

June 7, 2001.

Attorney(s) appearing for the Case

Randy Olen, Providence, RI, for Petitioner.

Brenda M. O'Malley, U.S. Dept. of Justice, Office of Immigration Litigation, Christopher Cyrus Fuller, Thomas Ward Hussey, Director, U.S. Dept. of Justice, Immigration Litigation, Civil Div., John Ashcroft, Office of U.S. Atty. Gen., Civil Div., Appellate Staff, Washington, DC, Christine G. Davis, Immigration and Naturalization Service, District Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before JOLLY, SMITH and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Ruben Isaac DeLeon-Holguin ("DeLeon"), a citizen of the Dominican Republic, was ordered removed from the United States because of his conviction for an aggravated felony. After the immigration court and the Board of Immigration Appeals decided that he was ineligible for relief from removal, DeLeon petitioned this court for review of his removal order. The Immigration and Naturalization Service, however, contends that we have no jurisdiction...

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