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U.S. v. LOPEZ-VELASQUEZ

No. 07-30241.

568 F.3d 1139 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Edmundo LOPEZ-VELASQUEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2009.

Attorney(s) appearing for the Case

Karin J. Immergut, Esq., United States Attorney, Johnathan S. Haub, Esq., Kelly A. Zusman, Esq., Assistant United States Attorneys, Portland, OR, for the plaintiff-appellant.

Terry Kolkey, Esq., Ashland, OR, for the defendant-appellee.

Before: HARRY PREGERSON and STEPHEN REINHARDT, Circuit Judges, and LYLE E. STROM, District Judge.

REINHARDT, Circuit Judge:

Edmundo Lopez-Velasquez waived his right to appeal and was deported in 1994 in a group proceeding in which the immigration judge ("IJ") did not advise him of the availability of relief from deportation under section 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(c) (repealed 1996). He had a United States citizen wife and two young United States citizen children at the...

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