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ZARATE v. HOLDER

No. 08-70696.

671 F.3d 1132 (2012)

Jose Angel Gomez ZARATE, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2012.

Attorney(s) appearing for the Case

Noam Mendelson and Dana Mendelson , Mendelson & Associates, Daly City, CA, for the petitioner.

Channah M. Farber , U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: SIDNEY R. THOMAS, RONALD M. GOULD, and JAY S. BYBEE, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Jose Angel Gomez Zarate ("Gomez") petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing his appeal from the Immigration Judge's ("IJ") decision pretermitting his application for cancellation of removal. Gomez contends that his 1993 departure to Mexico—which occurred after he attempted to reenter the United States but was stopped by border patrol agents, arrested, charged and convicted...

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