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BERRUM-GARCIA v. COMFORT

No. 03-1181.

390 F.3d 1158 (2004)

Adelfo BERRUM-GARCIA, Petitioner-Appellant, v. Michael COMFORT, District Director, Bureau of Immigration and Customs Enforcement ("BICE"), Denver District; John Ashcroft, Attorney General of the United States of America; Scott Weber, District Director, Bureau of Immigration and Customs Enforcement ("BICE"); Tom Ridge, Secretary of the U.S. Department of Homeland Security; Eduardo Aguirre, Jr., Acting Director of BCIS, DHS; and Michael J. Garcia, Assistant Secretary of BICE, DHS, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 23, 2004.

Attorney(s) appearing for the Case

Jeffrey Joseph, Denver, CO, for Petitioner-Appellant.

Kevin T. Traskos, Assistant United States Attorney (John W. Suthers, United States Attorney, with him on the brief), Denver, CO, for Respondents-Appellees.

Before EBEL, ANDERSON and HARTZ, Circuit Judges.

EBEL, Circuit Judge.

Petitioner Adelfo Berrum-Garcia ("Petitioner"), a Mexican citizen, attempted to enter the United States illegally in January 1999, using a false name and claiming to be a U.S. citizen. He was intercepted by the Immigration and Naturalization Service, ordered removed to Mexico, and barred from applying for permission to enter the country for five years. Within the month, however, Petitioner illegally reentered the United States, this time without...

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