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HERNANDEZ-CASTILLO v. MOORE

No. 05-50543 Summary Calendar.

436 F.3d 516 (2006)

Enrique HERNANDEZ-CASTILLO, Petitioner-Appellant, v. Marc J. MOORE, as Field Office Director for Detention and Removal for the Immigration and Customs Enforcement; Bureau of Immigration and Customs Enforcement, as an Agency of the Government of the United States of America; Department of Homeland Security, as an Agency of the Government of the United States of America; Michael Chertoff, Secretary, Department of Homeland Security; Alberto R. Gonzales, U.S. Attorney General, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 2006.

Attorney(s) appearing for the Case

Simon M. Azar-Farr, Simon Azar-Farr & Associates, San Antonio, TX, for Petitioner-Appellant.

Gary Layton Anderson, San Antonio, TX, for Respondents-Appellees.

Before SMITH, GARZA and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Enrique Hernandez-Castillo, a removed alien, challenges the ruling of an immigration ("IJ") that he is not eligible for a waiver of removal under now-repealed § 212(c) of the Immigration and Nationality Act ("INA"). Treating this action as a petition for review, and agreeing with the ruling of the IJ, we vacate the finding of habeas jurisdiction and deny the petition for review.

I.

Hernandez-Castillo, a native...

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