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LUPERA-ESPINOZA v. ATTORNEY GENERAL OF U.S.

No. 12-2007.

716 F.3d 781 (2013)

Jorge Roberto LUPERA-ESPINOZA, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES of America, Respondent.

United States Court of Appeals, Third Circuit.

Filed: May 28, 2013.

Attorney(s) appearing for the Case

Gregory F. Laufer [Argued], Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Petitioner.

David V. Bernal , Lauren Fascett [Argued], Eric H. Holder, Jr. , Thomas W. Hussey , John J.W. Inkeles , Jennifer P. Williams , United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondent.

Nancy Morawetz , Washington Square Legal Services, Inc., New York, NY, for Amicus Petitioner.

Before: HARDIMAN and ALDISERT, Circuit Judges and STARK, District Judge.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

The question presented is whether an alien who has spent more than five years in prison for an aggravated felony is eligible for a waiver of deportation under former Immigration and Nationality Act (INA) § 212(c). We hold that he is not.

I

A native and citizen of Ecuador, Jorge Espinoza became a lawful permanent resident of the United States in 1980. In January 1994, he was served with...

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