United States Fifth Circuit

Plaintiff's petition for review of a removal order is granted where the record does not reflect that the prior conviction, on which the removal order was based, was for an aggravated felony.

Appellate Information

• Decided 07/25/2005
• Published 07/26/2005

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Benjamin F. Hughes (argued), Justin S. Chang, Shearman & Sterling, Jennifer A. DePalma, O'Melveny & Myers, San Francisco, CA, for Petitioner.


• For Appellees:
  
• Russell J.E. Verby (argued), U.S. Dept. of Homeland Sec., Thomas Ward Hussey, Director, Ernesto Horacio Molina, Jr., Jamie Marie Dowd, U.S. Dept. of Justice, Office of Immigration Litigation, Alberto R. Gonzales, U.S. Dept. of Justice, Washington, DC, Anne M. Estrada, U.S. I.N.S., Dallas, TX, Caryl G. Thompson, U.S.I.N.S., Dist. Directors Office, Attn:  Joe A. Aguilar, New Orleans, LA, for Respondent.