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BILLEKE-TOLOSA v. ASHCROFT

No. 02-4395.

385 F.3d 708 (2004)

Sergio Waldmir BILLEKE-TOLOSA, Petitioner-Appellant, v. John ASHCROFT, Attorney General, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 30, 2004.

Attorney(s) appearing for the Case

Barry L. Frager (briefed), Frager Law Firm, Memphis, TN, for Appellant.

Deborah Misir, Mary Jane Candaux (briefed), United States Department of Justice, Washington, DC, for Appellee.

Before: MOORE and COLE, Circuit Judges; MARBLEY, District Judge.

COLE, JR., Circuit Judge.

Petitioner-Appellant Sergio Billeke-Tolosa contends that the Board of Immigration Appeals ("BIA"), in affirming the decision of the Immigration Judge ("IJ"), violated its own rules by peering behind Billeke-Tolosa's convictions for the lesser offenses of simple assault and disorderly conduct to use the underlying allegations of sexual impropriety as the basis for denying his petition for an adjustment of status. The Government rejoins that...

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