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CASTAÑEDA-CASTILLO v. GONZALES

No. 05-2384.

488 F.3d 17 (2007)

David Eduardo CASTAÑEDA-CASTILLO; Carmen Julia de la Cruz-Castañeda; Piera Dina Castañeda; Pía Maribel Castañeda, Petitioners, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided May 23, 2007.

Attorney(s) appearing for the Case

William P. Joyce with whom Joyce & Associates, P.C. was on brief for petitioners.

Beth Werlin, The American Immigration Law Foundation, on supplemental brief for The American Immigration Law Foundation, Greater Boston Legal Services, and Harvard Immigration and Refugee Clinic, Amici Curiae.

Jeanette Kain, Harvey Kaplan, Maureen O'Sullivan, Jeremiah Friedman and Ilana Greenstein on brief for National Immigration Project, Amicus Curiae.

Blair T. O'Connor, Senior Litigation Counsel, Department of Justice, Civil Division, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and Donald E. Keener, Deputy Director, Department of Justice, Civil Division, Office of Immigration Litigation, were on supplemental brief for respondent.

Robbin K. Blaya, Department of Justice, Civil Division, Office of Immigration Litigation, Peter Keisler, Assistant Attorney General, Civil Division, and Greg D. Mack, Senior Litigation Counsel, on brief for respondent.

Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ, and HOWARD, Circuit Judges.

OPINION EN BANC

BOUDIN, Chief Judge.

David Eduardo Castañeda-Castillo ("Castañeda") entered the United States together with his family in August 1991 on a tourist visa, overstayed and in January 1993 applied for asylum. In July 1999, the responsible agency—then the Immigration and Naturalization Service ("INS")—began a removal proceeding, 8 U.S.C. § 1227(a)(1)(B) (2000). Thereafter, Castañeda testified at successive hearings...

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