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ENRIQUEZ-GUTIERREZ v. HOLDER

No. 08-60769.

612 F.3d 400 (2010)

Raul ENRIQUEZ-GUTIERREZ, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

July 16, 2010.

Attorney(s) appearing for the Case

Elisabeth S. Brodyaga (argued), San Benito, TX, for Petitioner.

John Clifford Cunningham, I, Sr. Lit. Counsel, Tangerelia Cox, Thomas Ward Hussey, Dir., Blair O'Connor, Asst. Dir. (argued), U.S. Dept. of Justice, OIL, Washington, DC, E.M. Trominski, Dist. Dir., U.S. Imm. & Naturalization Serv., Harlingen, TX, for Respondent.

Before JONES, Chief Judge, and BENAVIDES and PRADO, Circuit Judges.

BENAVIDES, Circuit Judge:

Raul Enriquez-Gutierrez petitions for review of a decision of the Board of Immigration Appeals ("BIA" or "Board") ordering him removed from this country. The BIA found that Enriquez is removable on the basis of a 2001 conviction for cocaine possession, but Enriquez protests that in an earlier deportation proceeding, he received a waiver of deportation covering that conviction under former § 212(c) of the Immigration and Nationality Act...

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