GARCIA-MELENDEZ v. ASHCROFT

No. 02-60382.

351 F.3d 657 (2003)

Juan GARCIA-MELENDEZ, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

November 18, 2003.


Attorney(s) appearing for the Case

Theodore Case Whitehouse, Randy Branitsky, Lisa Diane Prichard (argued), Willkie, Farr & Gallagher, Washington, DC, for Petitioner.

Aviva Lea Poczter (argued), Thomas Ward Hussey, Director, Emily Anne Radford, Asst. Director, U.S. Dept. of Justice, Civ. Div.Imm. Lit., Washington, DC, E.M. Trominski, Dist. Director, U.S. INS, Dist. Directors Office, Harlingen, TX, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Beth Werlin, Mary A. Kenney, American Imm. Law Foundation, Washington, DC, for American Imm. Law Foundation, Amicus Curiae.

Charles Roth (argued), Chicago Connections, Chicago, IL, for Midwest Immigrant and Human Rights Ctr., Amicus Curiae.

Before EMILIO M. GARZA and DENNIS, Circuit Judges, and VANCE, District Judge.


VANCE, District Judge:

Appellant Juan Garcia-Melendez seeks judicial review of the Board of Immigration Appeals' order affirming the Immigration Judge's decision denying Garcia's application for cancellation of removal. Further, Garcia challenges the BIA's use, in his case, of a single-member appeal panel and summary affirmance procedure. We deny appellant's petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

Garcia-Melendez is a native and citizen of...

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