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LEE v. GONZALES

No. 04-10218.

410 F.3d 778 (2005)

Youn J. LEE, Petitioner-Appellant, v. Alberto R. GONZALES; Nuria Prendes, Field Officer in Charge of Detention and Removal, Bureau of Immigration and Customs Enforcement, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 4, 2005.

Attorney(s) appearing for the Case

Joshua Turin (argued), Sondra Mae Turin, Turin, Turin & Olinger, Dallas, TX, for Petitioner-Appellant.

Frank D. Able (argued), Asst. U.S. Atty., Dallas, TX, for Respondents-Appellees.

Before GARWOOD, JONES and STEWART, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case requires further explanation of immigration procedure in this circuit. We hold, consistent with our prior decisions, that habeas corpus relief is not available to an immigrant who has other procedural devices to secure court review of Board of Immigration Appeals ("BIA") decisions, even where the form of review is limited to this court's construing statutory provisions concerning our appellate jurisdiction. Lee, having had...

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