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ALVAREZ-BARAJAS v. GONZALES

No. 04-55733.

418 F.3d 1050 (2005)

Jose de Jesus ALVAREZ-BARAJAS, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General; Anthony Esposito, Interim Bice Western Region Director; Wayne K. Wills, District Director for Interior Enforcement, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2005.

Attorney(s) appearing for the Case

Kaye A.Y. Evans, Beverly Hills, CA, for the petitioner.

Samuel W. Bettwy (argued); Carol C. Lam and Tom Stahl (on the brief), United States Department of Homeland Security, Bureau of Customs and Immigration, San Diego, CA, for the respondent.

Before FARRIS, D.W. NELSON, and TALLMAN, Circuit Judges.

Opinion by Judge D.W. NELSON; Concurrence by Judge FARRIS

D.W. NELSON, Circuit Judge.

Jose de Jesus Alvarez-Barajas, a native and citizen of Mexico, appeals the district court's denial of his petition for habeas corpus. In his petition, Alvarez-Barajas argues that the Board of Immigration Appeals (BIA) erred in affirming an Immigration Judge's decision that he is ineligible for relief under either the former Immigration and Nationality Act (INA) § 212...

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