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GONZALEZ v. CHERTOFF

No. 05-2977.

454 F.3d 813 (2006)

Nahum GONZALEZ, Petitioner, v. Michael CHERTOFF, Secretary, U.S. Department of Homeland Security, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2006.

Attorney(s) appearing for the Case

Murray D. Hilts, San Diego, California, for petitioner.

Kristin A. Cabral, Washington, D.C. (Peter D. Kessler and Richard M. Evans, for on the brief), for respondent.

Before SMITH, HEANEY and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Nahum Gonzalez ("Gonzalez") petitions for review of a final administrative order of removal issued by the Department of Homeland Security ("DHS"). Gonzalez argues that the application of expedited removal proceedings was impermissibly retroactive and violated his due process and equal protection rights. For the reasons discussed below, we deny the petition for review.

I. BACKGROUND

Gonzalez, a native and citizen...

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