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YANEZ-POPP v. U.S. I.N.S.

No. 92-1240.

998 F.2d 231 (1993)

Jose Luis YANEZ-POPP, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent, American Immigration Lawyers Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1993.

Attorney(s) appearing for the Case

Ronald Darwin Richey, L. Johnson & Associates, P.C., Wheaton, MD, argued (Laurence F. Johnson, on brief), for petitioner.

Lisa Dornell, Office of Immigration Litigation, Civ. Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., Robert Kendall, Jr., Asst. Director, Donald E. Keener, on brief), for respondent.

Kenneth H. Stern, Stern & Elkins, Denver, CO, for amicus curiae.

Before WILKINSON, Circuit Judge, HALLANAN, United States District Judge for the Southern District of West Virginia, sitting by designation, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

CLARKE, Senior District Judge:

Petitioner, Jose Yanez-Popp, challenges his deportation by the Immigration Court based on its determination that a "probation without judgment" entered by the Montgomery County Maryland Circuit Court against petitioner was a "conviction" for federal immigration law purposes. For the reasons set forth below, we deny the petition.

I. BACKGROUND

Yanez-Popp entered this country on August 7, 1990, as a...

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