United States Fifth Circuit

Petition for review of a decision of the BIA finding petitioner removable for having been convicted of an aggravated felony and a denial of his motion to reopen his appeal is granted where the record does not establish that petitioner was convicted of an aggravated felony, as that term is defined at 8 U.S.C. section 1101(a)(43).

Appellate Information

• Decided 08/24/2006
• Published 08/25/2006

Judges

• DENNIS, Circuit Judge:, Before WIENER, BARKSDALE, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lisa S. Brodyaga (argued), Refugio de Rio Grande, San Benito, TX, for Petitioner.


• For Appellees:
  
• Carol Federighi (argued), Thomas Ward Hussey, Dir., M. JocelynLopez Wright, U.S. Dept. of Justice, OIL, Civ. Div., Washington, DC, E.M. Trominski, Dist. Dir., U.S. INS, Harlingen, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.