Perez -Gonzalez
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORIO PEREZ-GONZALEZ,
Petitioner No. 02-73294 v. Agency No.
A79-766-957
ALBERTO GONZALES,* Attorney General, ORDER Respondent. Filed April 18, 2005
Before: Dorothy W. Nelson, Raymond C. Fisher, and Ronald M. Gould, Circuit Judges.
Order; Dissent by Judge Gould
ORDER
The government’s Motion to Reconsider filed on February 7, 2005, is hereby DENIED. Judge Gould’s Dissent from Denial of Motion to Reconsider is attached hereto.
SO ORDERED.
*Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2).
4209 4210 PEREZ-GONZALEZ v. GONZALES GOULD, Circuit Judge, dissenting from the order denying motion to reconsider:
I would follow the holding of the Tenth Circuit in Berrum- Garcia v. Comfort, 390 F.3d 1158 (10th Cir. 2004), and deny the petition. Berrum-Garcia criticizes the majority’s holding that 8 C.F.R. § 212.2 permits persons previously removed or deported, who illegally reenter the United States, to…