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ROBLETO-PASTORA v. HOLDER

Nos. 07-71492, 07-72091.

567 F.3d 437 (2009)

Jorge Filadelfo ROBLETO-PASTORA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. Jorge Filadelfo Robleto-Pastora, Petitioner, v. Eric H. Holder Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2009.

Attorney(s) appearing for the Case

Philip James Smith, Nelson Smith, LLP, Portland, OR, for the petitioner.

Gregory G. Katsas, Richard M. Evans, and Paul Fiorino, United States Department of Justice, Washington, D.C., for the respondent.

Before: ROBERT R. BEEZER, RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

Jorge Filadelfo Robleto-Pastora ("Robleto" or "petitioner"), born June 5, 1960, is a native and citizen of Nicaragua who entered the United States in 1984, was granted asylum, then adjusted status to that of lawful permanent resident (sometimes referred to herein as "LPR") in 1988. Following his 2005 forgery conviction in Oregon state court, petitioner was ordered removed as an aggravated felon pursuant to sections 237(a)(2)(A)(iii) and 101...

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