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LARIN-ULLOA v. GONZALES

No. 03-60721.

462 F.3d 456 (2006)

Juan LARIN-ULLOA, Petitioner, v. Alberto GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 24, 2006.

Attorney(s) appearing for the Case

Lisa S. Brodyaga (argued), Refugio de Rio Grande, San Benito, TX, for Petitioner.

Carol Federighi (argued), Thomas Ward Hussey, Dir., M. Jocelyn Lopez Wright, U.S. Dept. of Justice, OIL, Civ. Div., Washington, DC, E.M. Trominski, Dist. Dir., U.S. INS, Harlingen, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before WIENER, BARKSDALE, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Juan Larin-Ulloa ("Larin"), a native and citizen of El Salvador, petitions for review of (i) the decision of the Board of Immigration Appeals ("BIA") that he is removable for having been convicted of an aggravated felony, see 8 U.S.C. § 1227(a)(2)(A)(iii); and (ii) the BIA's denial of his motion to reopen his appeal. Because we find that the record does not establish that Larin was convicted of an aggravated felony, as that term...

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