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LOPEZ DE JESUS v. I.N.S.

No. 01-60807.

312 F.3d 155 (2002)

Miguel LOPEZ DE JESUS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

November 7, 2002.

Attorney(s) appearing for the Case

Simon M. Azar-Farr, Azar-Farr & Associates, A Professional Corp., San Antonio, TX, for Petitioner.

Kurt Barrett Larson, David V. Bernal, Thomas Ward Hussey, Director, Linda Susan Wendtland, Norah Ascoli Schwarz, U.S. Dept. of Justice, Civ. Div., Immigration Litigation, John Ashcroft, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, Kenneth Pasquerell, U.S. INS, San Antonio, TX, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before KING, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Petitioner, a lawful permanent resident, appeals the decision of the Board of Immigration Appeals upholding the decision of the immigration judge which found him excludable as illegally reentering the United States after a three-day trip to Mexico. It ordered him excluded and deported from the United States. We affirm the Board's decision and in doing so hold that retroactive reach of the IIRIRA amendment of the INA is constitutional...

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