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AGUILAR-AGUILAR v. NAPOLITANO

No. 11-9565.

700 F.3d 1238 (2012)

Antonio AGUILAR-AGUILAR, Petitioner, v. Janet NAPOLITANO, Secretary of Homeland Security, Respondent.

United States Court of Appeals, Tenth Circuit.

December 3, 2012.

Attorney(s) appearing for the Case

Jaime Jasso, Law Office of Jaime Jasso, Westlake Village, CA, for Petitioner.

Stuart F. Delery, Acting Assistant Attorney General, Terri J. Scadron, Assistant Director, Civil Division, Greg D. Mack, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington D.C., for Respondent.

Before MATHESON, Circuit Judge, PORFILIO, Senior Circuit Judge, and BALDOCK, Circuit Judge.

BALDOCK, Circuit Judge.

In August 2010, the Department of Homeland Security (DHS) commenced "regular" removal proceedings against Petitioner Antonio Aguilar-Aguilar, a citizen of Mexico, pursuant to 8 U.S.C. § 1229a. In response to the Notice to Appear (NTA), Petitioner conceded his removability under 8 U.S.C. § 1182(a)(6)(A)(i) as "[a]n alien present in the United States without being admitted." Petitioner informed the immigration judge (IJ), however, that...

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