United States Fifth Circuit

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Arguelles-Olivares v. Mukasey, 05-60914

Petition for review of a removal order of petitioner who pled guilty to knowingly filing a false tax return, on the basis that his prior conviction for filing a false federal tax return did not constitute a removable offense, is denied where the record contained evidence, including an admissible Pre-Sentence Investigation Report (PSR) prepared in the tax offense proceedings as evidence of the amount of loss in his immigration proceedings, that supported the BIA's conclusion that plaintiff was an aggravated felon.

Appellate Information

  • Decided 04/22/2008
  • Published 04/23/2008

Judges

  • OWEN, Circuit Judge:, Before GARWOOD, DENNIS and OWEN, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Simon M. Azar-Farr (argued), Simon Azar-Farr & Associates, San Antonio, TX, for Petitioner.

  • For Appellees:
  • John S. Hogan (argued), Thomas Ward Hussey, Director, John Clifford Cunningham, Holly Michele Smith, U.S. Dept. of Justice, Office of Immigration Litigation, Michael B. Mukasey, U.S. Dept. of Justice, Washington, DC, Trey Lund, Field Office Director, U.S. Immigration and Customs Enforcement, Attn:  Carl Perry, New Orleans, LA, Guadalupe R. Gonzales, Immigration & Customs Enforcement, Chief Counsel's Office, El Paso, TX, for Respondent.