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PEREZ-GONZALEZ v. HOLDER

No. 10-60798.

667 F.3d 622 (2012)

Juan PEREZ-GONZALEZ, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

January 12, 2012.

Attorney(s) appearing for the Case

Javier N. Maldonado (argued), Law Office of Javier N. Maldonado, P.C., San Antonio, TX, for Petitioner.

Edward Earl Wiggers (argued), Tangerlia Cox , Imran Raza Zaidi , Trial Atty., U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Juan Perez-Gonzalez petitions for review of the Board of Immigration Appeals' decision that he is to be removed based on having committed an aggravated felony. Because the record does not show that the crime for which he pled guilty was an aggravated felony, we GRANT the petition for review, REVERSE, and REMAND for further proceedings.

FACTS AND PROCEDURAL HISTORY

In 1986, a few months after his eighteenth birthday...

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