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JOAQUIN-PORRAS v. GONZALES

Docket No. 03-4202.

435 F.3d 172 (2006)

Jose JOAQUIN-PORRAS, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Final Submission: August 24, 2005.

Decided: January 18, 2006.

Attorney(s) appearing for the Case

Eric W. Schultz, Robert D. Kolken, Sacks, Kolken & Schultz, Buffalo, NY, for Petitioner.

Allen F. Loucks, Assistant United States Attorney for the District of Maryland, Baltimore, MD (David Kelley, United States Attorney for the Southern District of New York, New York, NY, of counsel), for Respondent.

Before: FEINBERG, CARDAMONE, and SACK, Circuit Judges.

SACK, Circuit Judge.

The petitioner, Jose Joaquin-Porras, entered the United States from Costa Rica in 1991 under a temporary work visa. He resided in this country continuously, except for a few brief excursions to Costa Rica pursuant to "paroles" granted by the Immigration and Naturalization Service ("INS"), until the INS initiated removal proceedings against him in 2000. On January 18, 2001, less than a year after returning from his most recent parole to Costa Rica...

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