SMITH v. GONZALES

No. 06-60020.

468 F.3d 272 (2006)

Carvill Arthur SMITH, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 24, 2006.


Attorney(s) appearing for the Case

Jonathan K. Youngwood, Marcia Amanda Griffith (argued), Simpson, Thacher & Bartlett, New York City, for Smith.

Shelley R. Goad (argued), Thomas Ward Hussey, Dir., Linda Susan Wendtland, U.S. Dept. of Justice, Div. Div. OIL, Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this appeal, Smith challenges a Board of Immigration Appeals ("BIA") order dismissing his appeal from an Immigration Judge ("IJ") order denying Smith's application for the discretionary relief of cancellation of removal. The BIA concluded that Smith was ineligible for this discretionary relief because he had been convicted of an "aggravated felony" under the Immigration and Nationalization Act ("INA"). Because we disagree that the...

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