GARBERDING v. I.N.S.

No. 93-70039.

30 F.3d 1187 (1994)

Roberta Charmaine GARBERDING, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1994.


Attorney(s) appearing for the Case

Allen M. Ressler, Browne & Ressler, Seattle, WA, for petitioner.

Emily Anne Radford and Richard M. Evans, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for respondent.

Before: WIGGINS and THOMPSON, Circuit Judges, and EZRA, District Judge.


DAVID R. THOMPSON, Circuit Judge:

Roberta Charmaine Garberding is a 42-year-old Canadian citizen in the United States as a lawful permanent resident. She pleaded guilty in Montana state court to possession of more than sixty grams of marijuana, a felony. She was placed on probation and imposition of sentence was suspended for three years.

When the Immigration Service learned of her criminal conviction it charged her with deportability under 8 U.S.C. §...

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