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CRUZ-GARZA v. ASHCROFT

No. 04-9508.

396 F.3d 1125 (2005)

Raul CRUZ-GARZA, Petitioner, v. John ASHCROFT; Tom Ridge; Bureau of Immigration & Customs Enforcement, Respondents.

United States Court of Appeals, Tenth Circuit.

February 2, 2005.

Attorney(s) appearing for the Case

Hakeem Ishola of Ishola & Associates, P.C., Salt Lake City, UT, for Petitioner.

Peter D. Keisler, Assistant Attorney General, James A. Hunolt, Senior Litigation Counsel, and Song E. Park, Attorney, Civil Division, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Respondents.

Before LUCERO, McKAY, and PORFILIO, Circuit Judges.

McKAY, Circuit Judge.

Petitioner Raul Cruz-Garza seeks review1 of a decision of the Board of Immigration Appeals (BIA) upholding a removal order issued by an Immigration Judge (IJ) under 8 U.S.C. § 1227(a)(2)(A)(iii) ("Any alien who is convicted of an aggravated felony at any time after admission is deportable."). He contends the BIA erroneously relied on his state felony conviction for...

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