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NGUYEN v. ASHCROFT

No. 02-60707.

366 F.3d 386 (2004)

Hung Cuong "Ricky" NGUYEN, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Fifth Circuit.

April 26, 2004.

Attorney(s) appearing for the Case

John Oliver Pieksen, Jr., Sullivan, Stolier & Resor, New Orleans, LA, for Petitioner.

Mary Jane Candaux, Thomas Ward Hussey, Director, William Campbell Erb, Jr., U.S. Dept. of Justice, Civ. Div. Imm. Lit., Washington, DC, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before GARWOOD, JONES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Petitioner Hung Cuong "Ricky" Nguyen ("Nguyen") appeals the decision of the Bureau of Immigration Appeals ("BIA") dismissing his appeal from an immigration judge's ("IJ") deportation order finding him removable under the aggravated felony removal statute ("Removal Statute") 8 U.S.C. § 1227(a)(2)(A)(iii). The IJ's decision which the BIA affirmed, ordered Nguyen to be removed based on a previous conviction in Oklahoma for his involvement...

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