GARCIA-JIMENEZ v. GONZALES

No. 03-74625.

472 F.3d 679 (2007)

Jose GARCIA-JIMENEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2007.


Attorney(s) appearing for the Case

Noemi G. Ramirez, The Pacific Center, Los Angeles, CA, for the petitioner.

Peter D. Keisler, Terri J. Scadron, and Leslie McKay, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before PREGERSON, SILVERMAN and TALLMAN, Circuit Judges.


SILVERMAN, Circuit Judge.

The government charged petitioner Jose Garcia-Jimenez with being removable on account of, first, two prior criminal convictions occurring in the mid-1990s, and, second, a recent attempt to smuggle undocumented aliens into the country. Garcia-Jimenez's criminal convictions occurred before Congress replaced the Immigration and Nationality Act's waiver of deportation provisions with the more stringent cancellation of removal provisions. Accordingly...

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