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MUSTANICH v. MUKASEY

No. 04-74290.

518 F.3d 1084 (2008)

Jess MUSTANICH, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2008.

Attorney(s) appearing for the Case

Robin C. Carr, Law Offices of Robin Carr, San Diego, CA, for the petitioner.

Carl H. McIntyre, Jr., and Patrick J. Glen, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before: JEROME FARRIS and MILAN D. SMITH, Jr., Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

MILAN D. SMITH, JR., Circuit Judge:

In this appeal, we consider Petitioner Jess Mustanich's (Mustanich) petition for review of a final order of removal by the Board of Immigration Appeals (BIA). Mustanich was convicted of burglary and subsequently ordered removed under 8 U.S.C. § 1227(a)(2)(A)(iii) as an alien who committed an aggravated felony. He seeks to terminate his removal proceedings on the ground that he is a United States citizen, arguing that although...

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