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MENDEZ-ALCARAZ v. GONZALES

No. 04-74268.

464 F.3d 842 (2006)

Tomas Alejandro MENDEZ-ALCARAZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2006.

Attorney(s) appearing for the Case

Philip James Smith (argued), Nicole Hope Nelson (briefed), Hecht & Smith, LLP, Portland, OR, for the petitioner.

Janice K. Redfern (argued), John C. Cunningham (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for the respondent.

Before: FERGUSON, KLEINFELD, and GRABER, Circuit Judges.

KLEINFELD, Circuit Judge:

The BIA correctly dismissed as untimely Mendez-Alcaraz's motion to reconsider.

Facts

Mendez-Alcaraz, an alien with lawful permanent residence status, pleaded guilty in 1996 to sexual abuse of a minor.1 He was sentenced to 75 months in prison and 120 months of "post-prison supervision." He spent three years in a juvenile detention facility and another three in a state prison. When his imprisonment...

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