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PALOMINO v. ASHCROFT

No. 02-3961.

354 F.3d 942 (2004)

Feliciano Flores PALOMINO, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent. American Immigration Law Foundation, Amicus on Behalf of Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: January 15, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Steven C. Thal of Minnetonka, Minnesota.

Counsel who presented argument on behalf of the respondent was Ernesto H. Molina, Jr., of Washington, D.C. Also appearing on the brief were Robert D. McCallum, Jr. and Eric W. Marsteller.

Before MURPHY, LAY, and BRIGHT, Circuit Judges.

MURPHY, Circuit Judge.

Feliciano Flores Palomino, a native and citizen of Mexico, seeks cancellation of removal from the United States under 8 U.S.C. § 1229b(b)(1). An immigration judge found Flores Palomino removable as an alien entering without inspection and denied his cancellation of removal application because he had previously voluntarily departed from this country under threat of deportation. The Board of Immigration Appeals (BIA) summarily affirmed, and...

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