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VILLEGAS-SARABIA v. SESSIONS

No. 15-60639 Consolidated with No. 15-50993.

874 F.3d 871 (2017)

Leonardo VILLEGAS-SARABIA, also known as Leonardo Villegas, Jr., Petitioner v. Jefferson B. SESSIONS, III, U.S. Attorney General, Respondent. Leonardo Villegas-Sarabia; Leonardo Villegas, Jr., Petitioners-Appellees v. Elaine C. Duke, Acting Secretary, Department of Homeland Security; Enrique Lucero, Field Office Director for Immigration and Customs Enforcement; Leon Rodriguez, Director, United States Citizenship and Immigration Services; Mario Ortiz, San Antonio District Director for United States Citizenship and Immigration Services; Reynaldo Castro, Warden, South Texas Detention Center, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed October 31, 2017.

Attorney(s) appearing for the Case

Lance Edward Curtright, Esq. , De Mott McChesney Curtright & Armendariz, L.L.P., San Antonio, TX, for Appellee Cross-Appellant.

Walter Manning Evans, Esq. , Andrew C. MacLachlan , Senior Litigation Counsels, Office of Immigration Litigation, David J. Schor , Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Gary Layton Anderson , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Appellant Cross-Appellee.

Before WIENER, HIGGINSON, and COSTA, Circuit Judges.

In the first of the cases consolidated in this appeal, Petitioners-Appellees Leonardo Villegas-Sarabia ("Villegas-Sarabia") and his father, Leonardo Villegas, Jr. ("Villegas"), seek review of the order of the Board of Immigration Appeals ("BIA") holding that Villegas-Sarabia, a Mexican...

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