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OSUNA-GUTIERREZ v. JOHNSON

No. 14-9593.

838 F.3d 1030 (2016)

Brayan Alexis OSUNA-GUTIERREZ, a/k/a Jose Gomez, Petitioner, v. Jeh C. JOHNSON, Secretary of the Department of Homeland Security, Respondent.

United States Court of Appeals, Tenth Circuit.

Filed September 22, 2016.

Attorney(s) appearing for the Case

Matthew Lorn Hoppock , The Hoppock Law Firm, LLC, Overland Park, Kansas, for Petitioner.

Greg D. Mack , Senior Litigation Counsel, United States Department of Justice ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Terri J. Scadron , Assistant Director, Civil Division, with him on the brief), United States Department of Justice, Washington, D.C., for Respondent.

Before BRISCOE, EBEL, and BACHARACH, Circuit Judges.

SUMMARY

Brayan Alexis Osuna-Gutierrez argues his deportation was improper for two reasons: (1) the Department of Homeland Security's (DHS) expedited removal process is illegal; and (2) in any event, it was improper for DHS to use the expedited removal process on Gutierrez because he pled guilty to a misdemeanor, not...

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