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RODRIGUEZ v. HOLDER

No. 10-60763.

705 F.3d 207 (2013)

Esau RODRIGUEZ, also known as Esau Acosta Rodriguez, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

January 16, 2013.

Attorney(s) appearing for the Case

Orlando Mondragon , Law Office of Orlando Mondragon, El Paso, TX, for Petitioner.

Liza S. Murcia , David V. Bernal , Assistant Director, Tangerlia Cox , U.S. Department of Justice, OIL, Washington, DC, for Respondent.

Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

Esau Rodriguez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (BIA) that he is removable for having been convicted of an aggravated felony. Because the record does not establish that Rodriguez was convicted of an aggravated felony, as defined in 8 U.S.C. § 1101(a)(43), we grant his petition and vacate the order of removal.

I

In 2002, Rodriguez pleaded...

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