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DELGADO-REYNUA v. GONZALES

No. 04-21019.

450 F.3d 596 (2006)

Pedro DELGADO-REYNUA, Petitioner-Appellee, v. Alberto R. GONZALES, U.S. Attorney General; Michael Chertoff, Secretary, Department of Homeland Security, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

May 23, 2006.

Attorney(s) appearing for the Case

Lawrence Erik Rushton (argued), Bellaire, TX, for Petitioner-Appellee.

Alison Ruth Drucker (argued), U.S. Dept. of Justice, Civ. Div., Imm. Lit., Washington, DC, for Respondents-Appellants.

Before REAVLEY, JOLLY and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Pedro Delgado-Reynua is a native and citizen of Mexico. In 1999, the government commenced deportation proceedings against him based upon his guilty plea to a charge of indecency with a child. See 8 U.S.C. § 1227(a)(2)(A)(iii). Subject now to a removal order, Delgado-Reynua filed a petition for writ of habeas corpus in the Southern District of Texas. Pursuant to the REAL ID Act, Pub.L. No. 109-13, 119 Stat. 231 (2005) ("RIDA"), we...

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