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NUNEZ-REYES v. HOLDER

No. 05-74350.

646 F.3d 684 (2011)

Flavio NUNEZ-REYES, aka Flavio Reyes, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2011.

Attorney(s) appearing for the Case

Frank P. Sprouls, Law Office of Ricci & Sprouls, San Francisco, CA, for the petitioner.

Holly M. Smith and Keith I. Bernstein, U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

Theshia Naidoo, Drug Policy Alliance, Berkeley, CA; Jayashri Shrikantiah, Stanford Law School Immigrants' Rights Clinic, Stanford, CA; and Stephen W. Manning, Immigrant Law Group PC, Portland, OR, for Amici Curiae.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge IKUTA; Dissent by Judge PREGERSON.

OPINION

GRABER, Circuit Judge:

Petitioner Flavio Nunez-Reyes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") decision denying his application for cancellation of removal. We deny the petition. In the course of doing so, sitting as an en banc court, we overrule our equal protection holding in Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir.2000). We also conclude that...

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