WILMORE v. GONZALES

No. 05-60467.

455 F.3d 524 (2006)

Kathleen WILMORE, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

July 5, 2006.


Attorney(s) appearing for the Case

Brian K. Bates, Quan, Burdette & Perez, Houston, TX, for Petitioner.

John Clifford Cunningham, Luis Enrique Perez, Thomas Ward Hussey, Dir., Linda Susan Wendtland, OIL, U.S. Dept. of Justice, Civ. Div. Imm. Lit., Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.

Before DeMOSS, BENAVIDES and PRADO, Circuit Judges.


BENAVIDES, Circuit Judge:

This case involves a petition for review of an order of the Board of Immigration Appeals ("BIA") that finds the petitioner is ineligible for cancellation of removal pursuant to the battered spouse provision in 8 U.S.C. § 1229b(b)(2) (Supp. V 2005). The Respondent contends that this Court does not have jurisdiction to review the determination of whether the Petitioner was subjected to "extreme cruelty" under § 1229b(b)(2). We conclude...

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