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PAYNE-BARAHONA v. GONZALES

No. 06-1420.

474 F.3d 1 (2006)

Thomas PAYNE-BARAHONA, Petitioner, v. Alberto R. GONZÁLES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided January 10, 2006.

Attorney(s) appearing for the Case

John H. Ruginski, for petitioner.

Eric W. Marsteller, Office of Immigration Litigation, Civil Division, Department of Justice, Peter D. Keisler, Assistant Attorney General, Civil Division, and Carol Federighi, Senior Litigation Counsel, on brief for respondent.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

Thomas Payne-Barahona is a citizen of Honduras and was a legal permanent resident of the United States. In July 1997, Payne was convicted of felony domestic assault in Rhode Island and received a sentence of three years, which the court suspended. In July 2003, removal proceedings were begun against Payne, 8 U.S.C. §§ 1227(a)(2)(A)(iii), (E)(i) (2000), as one convicted of an aggravated felony...

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