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PEREZ PIMENTEL v. MUKASEY

No. 07-60039.

530 F.3d 321 (2008)

Jose Rafael PEREZ PIMENTEL, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

June 4, 2008.

Attorney(s) appearing for the Case

Raed Gonzalez, Quan, Burdette & Perez, Houston, TX, for Petitioner.

Brianne Whelan Cohen, Thomas Ward Hussey, Dir., Linda Susan Wendtland, John Clifford Cunningham, Holly Michele Smith, OIL, Daniel Eric Goldman, Imm. Lit., U.S. Dept. of Justice, Washington, DC, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.

Before REAVLEY, BENAVIDES and OWEN, Circuit Judges.

PER CURIAM:

Jose Rafael Perez Pimentel petitions this Court for review from an order of the Board of Immigration Appeals denying waiver of inadmissibility and application for adjustment of status. We conclude that the Attorney General's regulation was not an ultra vires act and was not impermissibly retroactively applied. Thus, we DENY the petition.

I. BACKGROUND

Petitioner Pimentel is a native and citizen...

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