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GARCIA v. ATTORNEY GENERAL OF U.S.

No. 07-2164.

545 F.3d 252 (2008)

Rosalba Roa GARCIA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed: October 28, 2008.

Attorney(s) appearing for the Case

William F. Henning, Esq., South Orange, NJ, for Petitioner.

Christopher C. Fuller, Esq., Paul F. Stone, Esq., United States Department of Justice Office of Immigration Litigation, Washington, DC, for Respondent.

Before: McKEE, FUENTES, and WEIS, Circuit Judges.

OPINION

WEIS, Circuit Judge.

In this immigration case, the Department of Homeland Security1 seeks to deport an alien based on misrepresentations she made in applying for an adjustment of status more than five years previously. We conclude that a subsequent amendment to the statute did not negate our earlier precedent that the government was required to rescind and begin deportation...

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