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HERNANDEZ v. LYNCH

No. 15-60067.

823 F.3d 279 (2016)

Omar Alberto HERNANDEZ, Petitioner, v. Loretta LYNCH, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

May 4, 2016.

Attorney(s) appearing for the Case

Martha Elva Garza, Esq. , Garza & Associates, Bellaire, TX, for Petitioner.

Stefanie Notarino Hennes , Trial Attorney, Margot Lynne Nadel Carter , Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before HIGGINBOTHAM, PRADO, and GRAVES, Circuit Judges.

Petitioner Omar Alberto Hernandez, a citizen of Mexico, was determined ineligible for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(1)(C) after an immigration judge concluded that his conviction for deadly conduct under Texas Penal Code § 22.05(a) was categorically a crime involving moral turpitude ("CIMT"). Petitioner appealed...

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