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ARGUELLES-OLIVARES v. MUKASEY

No. 05-60914.

526 F.3d 171 (2008)

Joel ARGUELLES-OLIVARES, also known as, Joel Arguelles, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

April 22, 2008.

Attorney(s) appearing for the Case

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

John S. Hogan (argued), Thomas Ward Hussey, Director, John Clifford Cunningham, Holly Michele Smith, U.S. Dept. of Justice, Office of Immigration Litigation, Michael B. Mukasey, U.S. Dept. of Justice, Washington, DC, Trey Lund, Field Office Director, U.S. Immigration and Customs Enforcement, Attn: Carl Perry, New Orleans, LA, Guadalupe R. Gonzales, Immigration & Customs Enforcement, Chief Counsel's Office, El Paso, TX, for Respondent.

Before GARWOOD, DENNIS and OWEN, Circuit Judges.

OWEN, Circuit Judge:

The petitioner seeks review of a removal order, contending that his prior conviction for filing a false federal tax return did not constitute a removable offense. We deny the petition for review.

I

Joel Arguelles-Olivares pleaded guilty to violating 26 U.S.C. § 7206(1) by knowingly filing a false tax return.1 The Department of Homeland Security thereafter instituted removal proceedings, charging...

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