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ABEBE v. GONZALES

No. 05-76201.

493 F.3d 1092 (2007)

Yewhalashet ABEBE, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2007.

Attorney(s) appearing for the Case

Robert B. Jobe and Fatma Marouf, Law Office of Robert B. Jobe, San Francisco, CA, (briefed), Zachary Nightingale, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, CA, (argued), for the petitioner.

Song E. Park (briefed) and John C. Cunningham (argued), United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

Zachary Nightingale and Avantika Shastri, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, CA, filed a brief for the Immigration Law Clinic of the School of Law at the University of California, Davis, the Immigrant Legal Resource Center, and the National Immigration Project of the National Lawyers Guild as amici curiae in support of petitioner.

Before: D.W. NELSON, ROBERT E. COWEN, and MARSHA S. BERZON, Circuit Judges.

Opinion by Judge D.W. NELSON; Concurrence by Judge BERZON.

D.W. NELSON, Senior Circuit Judge:

Yewhalashet Abebe ("Abebe" or "Petitioner") seeks review of a decision by the Board of Immigration Appeals ("BIA" or "Board") finding him ineligible to apply for discretionary relief from removal under former section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(c) (Supp. IV 1992) (repealed 1996),1 because...

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