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AVILA-SANCHEZ v. MUKASEY

No. 06-70663.

509 F.3d 1037 (2007)

Oscar Javier AVILA-SANCHEZ, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2007.

Attorney(s) appearing for the Case

Carlos Vellanoweth, John Wolfgang Gehart, Elena Yampolsky, and Russell Marco Jauregui, Vellanoweth & Gehart, LLP, Los Angeles, CA, for the petitioner.

Edward J. Duffy, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: FERDINAND F. FERNANDEZ and KIM McLANE WARDLAW, Circuit Judges, and RANER C. COLLINS, District Judge.

FERNANDEZ, Circuit Judge:

Oscar Javier Avila-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order denying his special motion to reopen so that he could apply for a waiver of inadmissibility pursuant to former 8 U.S.C. § 1182(c) (1994).1 The BIA determined that due to the fact of Avila's prior deportation and subsequent illegal reentry, he was not entitled to relief. In addition,...

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