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ALVAREZ-HERNANDEZ v. ACOSTA

No. 04-20164.

401 F.3d 327 (2005)

Carlos ALVAREZ-HERNANDEZ, Petitioner-Appellant, v. Hipolito M. ACOSTA, District Director; Alberto Gonzales, U.S. Attorney General, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 17, 2005.

Attorney(s) appearing for the Case

Richard Prinz, Law Office of Richard Prinz, Houston, TX, for Petitioner-Appellant.

Howard E. Rose, Asst. U.S. Atty., Houston, TX, for Respondents-Appellees.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case involves an alien who pleaded guilty to a felony charge before Congress repealed the waiver of deportation made available by § 212(c) of the Immigration and Nationality Act, but whose judgment of conviction was entered afterward. Following the Board of Immigration Appeals' rejection of the alien's § 212(c) application, the district court entertained his habeas petition. The court rejected the BIA's conclusion...

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