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Machado v. Gonzales, 05-60921 (2007)

Court: Court of Appeals for the Fifth Circuit Number: 05-60921 Visitors: 7
Filed: Mar. 09, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 9, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 05-60921 _ GREGORIO R. MACHADO, Petitioner, versus ALBERTO R. GONZALES, U.S. Attorney General, Respondent. _ Petition for Review of an Order of the Board of Immigration Appeals _ Before REAVLEY, DEMOSS and BENAVIDES, Circuit Judges. PER CURIAM:* We reject Petitioner’s argument that this case was improperly transferred to this Court u
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 9, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _____________________ No. 05-60921 _____________________ GREGORIO R. MACHADO, Petitioner, versus ALBERTO R. GONZALES, U.S. Attorney General, Respondent. __________________________________________________ Petition for Review of an Order of the Board of Immigration Appeals __________________________________________________ Before REAVLEY, DEMOSS and BENAVIDES, Circuit Judges. PER CURIAM:* We reject Petitioner’s argument that this case was improperly transferred to this Court under the Real I.D. Act, because his claim is not independent of his order of removal. We consider this case as a petition for review of a removal order which * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Petitioner has previously assailed in his first petition for review filed in this Court. In 1999 this court dismissed Petitioner’s first petition for review because of lack of jurisdiction. One panel cannot overrule another panel of the court. If we were to consider the claim of the manner of removal to give us jurisdiction, we would conclude that this is for Congress and the Executive and not for the courts. DISMISSED. 2
Source:  CourtListener

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