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BANDA-ORTIZ v. GONZALES

No. 04-61100.

445 F.3d 387 (2006)

Sergio BANDA-ORTIZ, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 28, 2006.

Attorney(s) appearing for the Case

Sergio Banda-Ortiz, El Paso, TX, pro se.

Michelle E. Gorden Latour, U.S. Dept. of Justice, Thomas Ward Hussey, Dir., OIL, M. Jocelyn Lopez Wright, Civ. Div., Imm. Lit., U.S. Dept. of Justice, Washington, DC, Luis Garcia, U.S. INS, El Paso, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before JOLLY, SMITH and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Sergio Banda-Ortiz petitions for review of an order of the Board of Immigration Appeals ("BIA") finding him statutorily ineligible for cancellation of removal.

I

Banda-Ortiz, a citizen of Mexico, entered the United States in 1989. In March 2000, the former Immigration and Naturalization Service ("INS") issued a Notice to Appear, charging him with removability under 8 U.S.C...

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