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GUTIERREZ-CHAVEZ v. I.N.S.

No. 00-56149.

298 F.3d 824 (2002)

Gustavo GUTIERREZ-CHAVEZ, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE; et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2002.

Attorney(s) appearing for the Case

Victor D. Nieblas (argued), Law Office of Victor D. Nieblas Pradis, Los Angeles, CA, for the petitioner-appellant.

Cindy S. Ferrier (argued), United States Department of Justice, Appearances only by David W. Ogden, United States Department of Justice, Civil Division, Kristen A. Chapman, United States Department of Justice, Office of Immigration Litigation, and John P. Moran, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondents-appellees.

Before B. FLETCHER, D.W. NELSON, and McKEOWN, Circuit Judges.

OPINION

D.W. NELSON, Circuit Judge.

Gustavo Gutierrez-Chavez challenges the manner in which the BIA exercised its discretion in denying his request for a 212(c) waiver of deportation. We must decide if he can do so in a 28 U.S.C. § 2241 petition for habeas corpus.

I. FACTUAL AND PROCEDURAL BACKGROUND

Gutierrez was admitted to the United States as a legal permanent resident in 1979 at the age of thirteen. After holding several odd jobs...

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