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FLORES-GARZA v. I.N.S.

Nos. 99-60625, 00-41122.

328 F.3d 797 (2003)

Jose Jaime FLORES-GARZA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE; John Ashcroft, U.S. Attorney General, Respondents. Jose Jaime Flores Garza, Petitioner-Appellant, v. John Ashcroft, U.S. Attorney General; E.M. Trominski, District Director, Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 2, 2003.

Attorney(s) appearing for the Case

Charles Roth (argued), Chicago Connections, Chicago, IL, for Petitioner.

Mary Jane Candaux (argued), David V. Bernal, U.S. Dept. of Justice, Washington, DC, for Respondents in both cases.

Thomas Ward Hussey, Director, U.S. Dept. of Justice, Civil Division Imm. Lit., Washington, DC, E.M. Trominski, District Director, U.S. INS, Harlington, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondents in 99-60625.

Lisa M. Putnam, Harlington, TX, for Ashcroft in 00-41122.

Before JOLLY, DUHÉ, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Jaime Flores Garza (Flores), a citizen of Mexico and a permanent resident of the United States, was ordered removed from the United States by a final order of the Board of Immigration Appeals (BIA) on account of a 1972 burglary conviction and two convictions for possession of marijuana in 1991 and 1996. In response, Flores filed a petition for direct review of his BIA removal order in this court, raising statutory and constitutional...

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