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RIVERA-PERAZA v. HOLDER

No. 08-70455.

684 F.3d 906 (2012)

Rafael Gerardo RIVERA-PERAZA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2012.

Attorney(s) appearing for the Case

Gregory Joseph Boult , Gleckman & Singer, Los Angeles, CA, for the petitioner.

Carmel Aileen Morgan , Elizabeth R. Chapman , United States Department of Justice, Washington, D.C., for the respondent.

Before: WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

OPINION

W. FLETCHER, Circuit Judge:

Petitioner Rafael Gerardo Rivera-Peraza ("Rivera"), a native and citizen of Mexico, was convicted of armed robbery with a firearm in California in 1981. After serving most of his sentence, Rivera was deported in 1984. Since then, he has twice reentered this country without inspection. The government began a removal proceeding against Rivera in 2004. Rivera admitted removability and sought adjustment of

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