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GONZALEZ-GARCIA v. GONZALES

No. 04-60385.

431 F.3d 234 (2005)

Noe De Jesus GONZALEZ-GARCIA, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

November 15, 2005.

Attorney(s) appearing for the Case

Adan G. Vega, Law Office of Adan G. Vega & Associates, Houston, TX, for Petitioner.

Cindy S. Ferrier, Norah Ascoli Schwartz, Civ. Div., Imm. Lit., Thomas Ward Hussey, Dir., OIL, U.S. Dept. of Justice, Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Noe De Jesus Gonzalez-Garcia ("Gonzalez"), a native and citizen of Mexico, petitions this court to review a final order of removal issued by the Board of Immigration Appeals ("BIA"). The BIA initially affirmed the immigration judge's ("IJ") order removing Gonzalez based on his 1985 and 1986 convictions and remanded to the IJ to consider his claim for discretionary relief pursuant to INA § 212(c). On remand the immigration judge...

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