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ARCE-VENCES v. MUKASEY

No. 06-60033.

512 F.3d 167 (2007)

Hidelberto ARCE-VENCES, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

December 21, 2007.

Attorney(s) appearing for the Case

Simon M. Azar-Farr (argued), Simon Azar-Farr & Associates, San Antonio, TX, for Arce-Vences.

Richard Mark Zanfardino, Thomas Ward Hussey, Dir., OIL, Corey Leigh Farrell (argued), U.S. Dept. of Justice, Civ. Div., OIL, Washington, DC, Kenneth L. Pasquarell, Acting Dist. Dir., U.S. INS, Dist. Directors Office, San Antonio, TX, Trey Lund, U.S. Imm. & Customs Enforce. Field Office Dir. Attn: Carl Perry, New Orleans, LA, for Respondent.

Before JOLLY, HIGGINBOTHAM and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Hidelberto Arce-Vences petitions for review of an order by the Board of Immigration Appeals ("Board") affirming the Immigration Judge's order that Arce be removed from the United States and also for review of the Board's denial of his motion to reopen. We hold that the conviction that was the basis for Arce's removal order is not an aggravated felony, and we accordingly GRANT the petition for review, VACATE the removal order, and REMAND...

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