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TOLEDO-HERNANDEZ v. MUKASEY

No. 05-60901.

521 F.3d 332 (2008)

Marco Antonio TOLEDO-HERNANDEZ, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 12, 2008.

Attorney(s) appearing for the Case

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

Gary Layton Anderson, Mark Twain Roomberg, San Antonio, TX, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Kenneth L. Pasquarell, Acting Dist. Dir., U.S. INS, San Antonio, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Mukasey.

Before GARWOOD, JOLLY and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Petitioner Marco Antonio Toledo-Hernandez ("Toledo") filed a 28 U.S.C. § 2241 petition in federal district court challenging a 2003 decision of the Board of Immigration Appeals ("BIA") affirming the Immigration Judge's ("IJ") order of removal. Toledo's § 2241 petition was converted into a petition for review and transferred to this Court in accordance with the REAL ID Act, Pub.L. No. 109-13, § 106(c), 119 Stat. 231, 311...

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