MALAGON DE FUENTES v. GONZALES

No. 04-60897.

462 F.3d 498 (2006)

Alma Rita MALAGON DE FUENTES, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 28, 2006.


Attorney(s) appearing for the Case

Lisa S. Brodyaga (argued), Refugio De Rio Grande, San Benito, TX, for Petitioner.

Aviva Lea Poczter, Emily Anne Radford, Asst. Dir. (argued), Thomas Ward Hussey, Dir., U.S. Dept. of Justice, Civ. Div., OIL, Washington, DC, Lawrence Ludka, Asst. U.S. Atty., Corpus Christi, TX, 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.

Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.


PRADO, Circuit Judge:

The journey of Petitioner Alma Rita Malagon de Fuentes, from Mexico to the United States, then to Mexico and back again brought her to an odd legal intersection. While Petitioner would not have been deportable had she stayed in the United States, her leaving rendered her inadmissible upon return. And, because Petitioner returned when she did, relief was not available. For the reasons that follow, the decision of the Board of Immigration Appeals...

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