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U.S. v. MENDEZ-MORALES

No. 03-3477.

384 F.3d 927 (2004)

UNITED STATES of America, Plaintiff — Appellee, v. Jose MENDEZ-MORALES, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 6, 2004.

Attorney(s) appearing for the Case

Michael D. Gooch, argued, Omaha, NE, for appellant.

Steven A. Russell, Asst. U.S. Atty., argued, Lincoln, NE, for appellee.

Before LOKEN, Chief Judge, SMITH, Circuit Judge, and DORR, District Judge.

LOKEN, Chief Judge.

In 1992, a state court jury convicted Jose Mendez-Morales of first degree sexual assault of a minor. At subsequent deportation proceedings, Mendez-Morales conceded deportability and sought adjustment of status and a waiver of inadmissibility. See 8 U.S.C. §§ 1182(h), 1255(a) (1994). The immigration judge ruled that Mendez-Morales was eligible for this relief but the equities did not merit a favorable exercise of the agency's discretion...

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