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REYES-MORALES v. GONZALES

No. 05-1008.

435 F.3d 937 (2006)

Jose Luis REYES-MORALES, Petitioner, v. Alberto GONZALES, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: January 31, 2006.

Attorney(s) appearing for the Case

Robert A. Dildine, argued, Minneapolis, MN (Ralph J. Overholt, Minneapolis, on the brief), for appellant.

Luis E. Perez, argued, U.S. Department Of Justice, OIL, Washington, DC, for appellee.

Before WOLLMAN, LAY, and MELLOY, Circuit Judges.

LAY, Circuit Judge.

I. BACKGROUND

Jose Luis Reyes-Morales is a native and citizen of El Salvador. In January 1991, Reyes-Morales entered the United States and, on May 28, 1998, submitted an application for asylum with the Immigration and Naturalization Service ("INS"). In July 1999, the INS denied Reyes-Morales' asylum application and referred the matter to an immigration court. The INS commenced removal proceedings against Reyes-Morales by filing a notice...

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