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TAPIA v. GONZALES

No. 03-74615.

430 F.3d 997 (2005)

Jose de Jesus TAPIA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2005.

Attorney(s) appearing for the Case

Phillip Smith (argued) and Raquel E. Hecht, Hecht & Smith, LLP, Eugene, OR, for the petitioner.

William C. Erb (argued) and Theresa M. Healy, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: GOODWIN and CLIFTON, Circuit Judges, and RHOADES, SR., District Judge.

CLIFTON, Circuit Judge.

Jose de Jesus Tapia petitions for review of a decision by the Board of Immigration Appeals ("BIA") affirming without opinion the decision by an immigration judge ("IJ") denying his petition for cancellation of removal. To be eligible for cancellation of removal, a form of relief which permits an alien otherwise subject to being expelled from the United States to remain in this country, the alien must...

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