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ALVAREZ-SANTOS v. I.N.S.

No. 01-71478.

332 F.3d 1245 (2003)

Lucio Ricardo ALVAREZ-SANTOS, aka Luciano Ricardo Alvarez aka Lucio Ricardo Alvarez, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2003.

Attorney(s) appearing for the Case

Frank P. Sprouls, Law Office of Ricci & Sprouls, San Francisco, CA, for the petitioner-appellant.

Patrick Shen and Michelle Slack, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for the respondent-appellee.

Before NOONAN, BERZON, and TALLMAN, Circuit Judges.

OPINION

BERZON, Circuit Judge.

Lucio Ricardo Alvarez-Santos ("Alvarez-Santos") petitions for review of an Immigration and Naturalization Service ("INS") order removing him for having entered the United States illegally. The pivotal question is whether we lack jurisdiction over his petition because the Board of Immigration Appeals ("BIA"), for another purpose (the denial of voluntary departure), determined that Alvarez-Santos had committed a crime of moral...

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