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GALVEZ-VERGARA v. GONZALES

No. 04-60729.

484 F.3d 798 (2007)

Edgard Arnoldo GALVEZ-VERGARA, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

April 16, 2007.

Attorney(s) appearing for the Case

Hakeem Ishola, Ishola & Associates, Salt Lake City, UT, for Petitioner.

Thomas Ward Hussey, Dir., Song E. Park, OIL, M. Jocelyn Lopez Wright, Civ. Div. Imm. Lit., U.S. Dept. of Justice, Washington, DC, Anne M. Estrada, U.S. INS, Dallas, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Attn: Carl Perry, New Orleans, LA, for Respondent.

Before GARZA, PRADO and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Edgard Arnoldo Galvez-Vergara petitions for review of an order of the Board of Immigration Appeals ("BIA") denying his motion to reopen his removal proceedings after he was ordered removed in absentia.

I

Galvez was admitted to the United States at Miami, Florida. In 1990, he was convicted in Provo, Utah of the offense of forcible sexual abuse, in violation of Utah Code § 76-5-404. He subsequently applied...

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