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BEJARANO-URRUTIA v. GONZALES

No. 04-2270.

413 F.3d 444 (2005)

Rodolfo BEJARANO-URRUTIA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 5, 2005.

Attorney(s) appearing for the Case

ARGUED: William O. Smith, Richmond, Virginia, for Petitioner. Michelle Elizabeth Gorden, Senior Litigation Counsel, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent. ON BRIEF: Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before WILKINS, Chief Judge, and NIEMEYER and SHEDD, Circuit Judges.

Petition granted and remanded by published opinion. Chief Judge WILKINS wrote the majority opinion, in which Judge SHEDD joined. Judge NIEMEYER wrote a dissenting opinion.

WILLIAM W. WILKINS, Chief Judge.

Rodolfo Bejarano-Urrutia (Petitioner) petitions for review of a final order of removal. We grant the petition and remand for further proceedings.

I.

Petitioner, a citizen and native of Mexico, legally entered the United States in 1994. After...

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