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JAMES v. GONZALES

No. 04-60445.

464 F.3d 505 (2006)

Etetim David JAMES, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

September 5, 2006.

Attorney(s) appearing for the Case

Brian K. Bates (argued), Quan, Burdette & Perez, Houston, TX, for James.

Bryan Stuart Beier (argued), U.S Dept. of Homeland Sec., Thomas Ward Hussey, Dir., OIL, M. Jocelyn Lopez Wright, Civ. Div., Imm. Lit., U.S. Dept. of Justice, Washington, DC, Kenneth L. Pasquarell, Acting Dir., U.S. INS, San Antonio, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Petitioner appeals the Board of Immigration Appeals' reversal of an Immigration Judge's decision to terminate removal proceedings, contending that his conviction of aiding and abetting bank fraud was not an aggravated felony because it did not "involve" fraud or deceit and the demonstrated loss did not exceed $10,000. He also contends that the BIA may not enter an order of removal in the first instance, but must remand to the...

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