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YEPEZ-RAZO v. GONZALES

No. 03-72005.

445 F.3d 1216 (2006)

Miriam Eliu YEPEZ-RAZO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2006.

Attorney(s) appearing for the Case

Carlos A. Batara, San Diego, CA, for the petitioner.

John Hogan, (argued), and Anthony C. Payne (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.

Before HUG, JR., PREGERSON, and CLIFTON, Circuit Judges.

PREGERSON, Circuit Judge.

Miriam Eliu Yepez-Razo ("Yepez-Razo") petitions for review of a decision of the Board of Immigration Appeals ("BIA") that found her ineligible for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act ("INA"), Pub.L. No. 82-414, 66 Stat. 163 (June 27, 1952), 8 U.S.C. § 1182(h). We have jurisdiction under 8 U.S.C. § 1252. We conclude that the BIA erred when it found that Yepez-Razo was not "lawfully...

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