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GUTIERREZ-MORALES v. HOMAN

No. 04-51143.

461 F.3d 605 (2006)

Ruperto GUTIERREZ-MORALES, Petitioner-Appellant, v. Tom HOMAN, etc., et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 21, 2006.

Attorney(s) appearing for the Case

Thomas Allan Clarke (argued), San Antonio, TX, for Petitioner-Appellant.

John Francis Paniszczyn (argued), San Antonio, TX, for Respondents-Appellees.

Before SMITH, WIENER and STEWART, Circuit Judges.

WIENER, Circuit Judge:

In response to the well-taken motion of Respondents-Appellees to amend our previous opinion,1 we hereby withdraw that opinion and substitute the following in its place:

Ruperto Gutierrez-Morales ("Gutierrez") petitions us for review of the Board of Immigration Appeals' ("BIA") decision declining to reopen his removal proceedings. At issue is (1) whether this court has jurisdiction to entertain Gutierrez's...

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