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RUEDA v. ASHCROFT

No. 03-60730 Summary Calendar.

380 F.3d 831 (2004)

Jose Rodriguez RUEDA, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 5, 2004.

Attorney(s) appearing for the Case

A. Don Forester, A Don Forester & Associates, Houston, TX, for Petitioner.

Anthony P. Nicastro, U.S. Dept. of Justice, Civil Div. Immigration Litigation, David V. Bernal, Thomas Ward Hussey, Director, U.S. Dept. of Justice, Office of Immigration Litigation, John Ashcroft, U.S. Dept. of Justice, Washington, DC, Hipolito Acosta, U.S. Immigration & Naturalization, Houston, TX, Caryl G. Thompson, U.S. Immigration & Naturalization Service, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before KING, Chief Judge, and DAVIS and STEWART, Circuit Judges.

PER CURIAM:

Jose Rodriguez Rueda petitions this court for review of the Board of Immigration Appeals' (BIA) decision summarily affirming the Immigration Judge's (IJ) order denying his application for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(1). Rueda contests the merits of the IJ's determination that he was statutorily ineligible for cancellation of removal because he failed to demonstrate the requisite hardship.

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