GONZALEZ-GONZALEZ v. WEBER

No. 04-1181.

472 F.3d 1198 (2006)

Juan De Dios GONZALEZ-GONZALEZ, Petitioner-Appellee, v. Scott WEBER, U.S. Bureau of Immigration and Customs Enforcement (BICE), Denver, Colorado, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 2006.


Attorney(s) appearing for the Case

Jonathan F. Cohn, Deputy Assistant Attorney General (Peter D. Keisler, Assistant Attorney General, Civil Division, David M. McConnell, Deputy Director, and Dimple Gupta, Counsel to the Assistant Attorney General, Civil Division on the briefs), U.S. Department of Justice, Washington, D.C., for Respondent-Appellant.

Jim Salvator, Lafayette, CO, for Petitioner-Appellee.

Before BRISCOE, HOLLOWAY and MURPHY, Circuit Judges.


HOLLOWAY, Circuit Judge.

The issue presented in this matter was very recently decided by the Supreme Court in Lopez v. Gonzales, ___ U.S. ___, 127 S.Ct. 625, ___ L.Ed.2d ___ (2006), making it unnecessary for us to delve deeply into the issue and the confusion it had previously created. Because of changes in jurisdiction and procedure that have also intervened, the form of our disposition is nevertheless unfamiliar. Absent those statutory developments, our disposition...

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