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HEAVEN v. GONZALES

No. 05-61022.

473 F.3d 167 (2006)

Dervin Venion HEAVEN, also known as Sean Samuels, also known as Ervin Henven, also known as Derving Evan, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

December 14, 2006.

Attorney(s) appearing for the Case

Dervin Venion Heaven, Gadsden, AL, pro se.

Thomas Ward Hussey, Dir., Linda Susan Wendtland, John Clifford Cunningham, U.S. Dept. of Justice, OIL, Kristen Giuffreda Chapman, U.S. Dept. of Justice, Civ. Div. Imm. Lit., Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe. A. Aguilar, New Orleans, LA, for Respondent.

Before SMITH, BENAVIDES and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Before us is a petition for review of a decision of the Board of Immigration Appeals ("BIA"), which affirmed the determination of an immigration judge that the petitioner was not eligible to apply for cancellation of removal on the basis of the stop-time rule. Because the BIA correctly decided that the stop-time rule may be applied retroactively to the petitioner's pre-1996 convictions and because we lack jurisdiction over the petitioner's remaining...

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