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U.S. v. LOPEZ-VELASQUEZ

No. 07-30241.

629 F.3d 894 (2010)

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

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2010.

Attorney(s) appearing for the Case

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

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

Before: ALEX KOZINSKI, Chief Judge, MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS, SUSAN P. GRABER, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

The district court dismissed the indictment against Edmundo Lopez-Velasquez for illegal reentry on the ground that the immigration judge ("IJ") presiding over his deportation hearing had a duty to inform him of discretionary relief under § 212(c) of the Immigration and Nationality Act. See 8 U.S.C. § 1182(c) (1994) (repealed 1996). Under the law as understood at the time of the hearing, Lopez-Velasquez was...

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