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GARCIA-VILLEDA v. MUKASEY

Docket No. 07-0283-ag.

531 F.3d 141 (2008)

Horacio H. GARCIA-VILLEDA, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2008.

Attorney(s) appearing for the Case

Michael P. DiRaimondo, DiRaimondo & Masi, LLP, Melville, NY, for Petitioner.

Scott Rempell, Trial Attorney, Office of Immigration Litigation, Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director, U.S. Department of Justice, Washington, DC, for Respondent.

Before: JACOBS, Chief Judge, and FEINBERG and HALL, Circuit Judges.

FEINBERG, Circuit Judge:

Petitioner Horacio H. Garcia-Villeda seeks review of a December 28, 2006 order of the Department of Homeland Security ("DHS"), Immigration and Customs Enforcement ("ICE"), reinstating a prior order of deportation for illegal entry, entered against petitioner in August 1996. The issues before us are whether elimination of the requirement of a hearing before an immigration judge, pursuant to 8 C.F.R...

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