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United States Tenth Circuit


Ballesteros v. Ashcroft, 04-9528

An order of removal of the Board of Immigration Appeals is affirmed over claims that: 1) Ninth Circuit law should apply to the case; 2) a change in the definition of conviction for immigration purposes violated petitioner's settled expectations regarding his plea agreement; 3) a DHS detention boundary reorganization violated his due process rights; 4) a decision denying petitioner's motion to change venue was an abuse of discretion; and 5) ICE arrested him without a valid warrant, rendering the deportation proceedings unfair.

Appellate Information

  • Decided 06/15/2006
  • Published 06/15/2006

Judges

  • McKAY, Circuit Judge., Before HENRY, McKAY, and TYMKOVICH, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Jeff Joseph, Denver, Colorado, for Petitioner.

  • For Appellees:
  • Blair T. O'Connor, Senior Litigation Counsel (Emily Anne Radford, Assistant Director, with him on the brief), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.
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