Legal Opinion

Eligio Valdiviez-Hernandez v. Eric Holder, Jr.

Court of Appeals for the Fifth Circuit

Decided December 2, 2013No. 12-60677PublishedCited by 22 opinions

1Per curiam

The original opinion in this case was issued by the panel on September 26, 2013. We GRANT the petition for rehearing. We withdraw our previous opinion and substitute the following.

*186Petitioner Eligió Valdiviez-Hernandez seeks review of the Department of Homeland Security’s Final Administrative Removal Order issued pursuant to the Immigration and Nationality Act (INA) § 238(b), 8 U.S.C. § 1228(b). Because Valdiviez was an alien convicted of an aggravated felony, he was properly subject to the expedited administrative removal process. The petition is denied.

I

Valdiviez, a native and citizen of…

2Cases cited8 opinions

  1. Nken v. HolderSupreme Court of the United States · 2009
  2. United States v. Benitez-VillafuerteCourt of Appeals for the Fifth Circuit · 1999
  3. Jose A. Bazan-Reyes, Wincenty Z. MacIasowicz and Arnoldo Gomez-Vela v. Immigration and Naturalization Service and John D. AshcroftCourt of Appeals for the Seventh Circuit · 2001
  4. Lopez-Dubon v. HolderCourt of Appeals for the Fifth Circuit · 2010
  5. Qui Guan Di Zhang v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2001

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3Cited by22 opinions

  1. Biuma Claudine Malu v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2014
  2. United States v. Agustin Lopez-CollazoCourt of Appeals for the Fourth Circuit · 2016
  3. Nelson Quinteros v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
  4. Eddy Etienne v. Loretta LynchCourt of Appeals for the Fourth Circuit · 2015
  5. Sonia Calla Mejia v. Jefferson Sessions IIICourt of Appeals for the Fourth Circuit · 2017

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