MIRELES-VALDEZ v. ASHCROFT

No. 02-60405.

349 F.3d 213 (2003)

Jose MIRELES-VALDEZ, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 27, 2003.


Attorney(s) appearing for the Case

Lawrence Erik Rushton (argued), Isaias D. Torres, Houston, TX, for Petitioner.

Julia Katherine Doig (argued), Thomas Ward Hussey, Director, David Michael McConnell, U.S. Dept. of Justice, Civ. Div., Imm. Lit., Washington, DC, Hipolito Acosta, U.S. INS, Houston, TX, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

If we have jurisdiction, see 8 U.S.C. § 1252 (prescribing rules for judicial review of removal orders and, inter alia, precluding jurisdiction over certain denials of discretionary relief), at issue is whether a voluntary departure from the United States under the threat of the commencement of immigration proceedings interrupts the requisite continuous presence for eligibility for cancellation of removal,...

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