BRIEVA-PEREZ v. GONZALES

No. 05-60639.

482 F.3d 356 (2007)

Miguel Antonio BRIEVA-PEREZ, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 19, 2007.


Attorney(s) appearing for the Case

William F. Harmeyer (argued), Harmeyer & Fowler, Houston, TX, for Petitioner.

Ernesto Horacio Molina, Jr. (argued), Thomas Ward Hussey, Director, U.S. Dept. of Justice, Office of Immigration Litigation, Washington, DC, Trey Lund, U.S. Immigration and Customs Enforcement, Field Office Director, Attn: Carl Perry, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Immigration Services, Houston, TX, for Respondent.

Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.


EDITH H. JONES, Chief Judge:

Petitioner Miguel Antonio Brieva-Perez ("Brieva") appeals a Board of Immigration Appeals ("BIA") decision holding that his crime of unauthorized use of a vehicle constitutes a crime of violence rendering him removable, and that he is ineligible to apply for relief under former Immigration and Nationality Act ("INA") § 212(c), 8 U.S.C. § 1182(c), because his crime lacks a comparable ground for inadmissibility under INA §...

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