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GARCIA v. TAYLOR

No. 93-55043.

40 F.3d 299 (1994)

Lazaro GARCIA, Petitioner-Appellant, v. Larry F. TAYLOR, Warden; Immigration & Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 10, 1994.

Attorney(s) appearing for the Case

Paul Hoffman, Santa Monica, CA, for petitioner-appellant.

John B. Bartos, Asst. U.S. Atty., Los Angeles, CA, for respondents-appellees.

Before: FLETCHER and FERNANDEZ, Circuit Judges, and SEDWICK, District Judge.

FERNANDEZ, Circuit Judge:

Lazaro Garcia is a citizen of Cuba and a permanent resident of the United States. He is also a person who is serving a sentence in federal prison after having been convicted of distribution of cocaine. See 21 U.S.C. § 841(a)(1). That conviction makes him an aggravated felon. See 8 U.S.C. § 1101(a)(43); 18 U.S.C. § 924(c)(2). As an aggravated felon he is subject to the provisions of 8 U.S.C. § 1252 and is...

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