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LAZO v. GONZALES

Docket No. 04-5188-ag.

462 F.3d 53 (2006)

Rigoberto LAZO, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 1, 2006.

Attorney(s) appearing for the Case

Visuvanathan Rudrakumaran, New York, NY, for Petitioner.

Shane Cargo, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, of counsel, Sara L. Shudofsky, Assistant United States Attorney, on the brief).

Before McLAUGHLIN, JACOBS, and B.D. PARKER, Circuit Judges.

PER CURIAM.

An Immigration Judge ("IJ") found Rigoberto Lazo removable, but granted discretionary relief in view of the time elapsed since Lazo's criminal offense. By order of August 31, 2004, the Board of Immigration Appeals ("BIA") [1] overturned the IJ's grant of discretionary relief and [2] ordered Lazo removed. Lazo petitions for review on the ground that the BIA lacks power to issue an order of removal and, if it overturns discretionary relief, it must therefore...

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