No. 03-72084.

394 F.3d 674 (2005)

Daniel Salvador HERNANDEZ-GUADARRAMA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2005.

Attorney(s) appearing for the Case

Matt Adams, Northwest Immigrant Rights Project, Granger, WA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division; Richard M. Evans, Assistant Director; and Joan E. Smiley, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: D.W. NELSON, REINHARDT, and THOMAS, Circuit Judges.

REINHARDT, Circuit Judge:

Daniel Salvador Hernandez-Guadarrama ("Hernandez"), a native and citizen of Mexico and a conditional permanent resident of the United States, petitions for review of a decision by the Board of Immigration Appeals ("BIA"). The BIA affirmed an immigration judge's ("IJ") order finding him removable from the United States for alien smuggling under Section 237(a)(1)(E)(i) of the Immigration and Naturalization...

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