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FALEK v. GONZALES

No. 05-60624.

475 F.3d 285 (2007)

John FALEK, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

January 8, 2007.

Attorney(s) appearing for the Case

Kenneth Martin Katz (argued), Hughes, Hubbard & Reed, New York City, for Falek.

Kristin Ann Cabral (argued), Civ. Div., Imm. Lit., Richard M. Evans, Asst. Dir., Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, Margaret M. Kolbe, Brooklyn, NY, for Respondent.

Before JOLLY, BARKSDALE and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this petition for review, John Falek, who was denied admissibility upon reentry into this country, appeals the decision of the Board of Immigration Appeals ("BIA"), which vacated the Immigration Judge's ("IJ") grant of a § 212(c) waiver of inadmissibility and ordered him deported. Because the decision to grant or not to grant waiver of admissibility is discretionary with the BIA, the merits of that decision are nonappealable...

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