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ALARCON-CHAVEZ v. GONZALES

No. 04-60242.

403 F.3d 343 (2005)

Luis Enrique ALARCON-CHAVEZ, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 14, 2005.

Attorney(s) appearing for the Case

Daniel M. Kowalski, Austin, TX, for Petitioner.

Nancy E. Friedman, Richard M. Evans, Asst. Dir., Thomas Ward Hussey, Dir., U.S. Dept. of Justice, Civ. Div. Imm. Lit., Washington, DC, Kenneth Pasquerell, U.S INS, San Antonio, TX, Caryl G. Thompson, U.S INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before JONES, WIENER, and CLEMENT, Circuit Judges.

WIENER, Circuit Judge:

Petitioner Luis Enrique Alarcon-Chavez ("Petitioner") appeals the decision of the Board of Immigration Appeals ("BIA") upholding without reasons or opinion, both the Immigration Judge's ("IJ") order of deportation in absentia and the IJ's denial of Petitioner's motion to reopen. We grant the petition, reverse both orders, and remand with instructions.

I. FACTS AND PROCEEDINGS

A citizen of Cuba, Petitioner crossed the...

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