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MOORE v. ASHCROFT

No. 00-10068.

251 F.3d 919 (2001)

Lorna Karen Marcella MOORE, Petitioner, v. John ASHCROFT, Attorney General of the United States, Office of Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Eleventh Circuit.

May 14, 2001.

Attorney(s) appearing for the Case

Ronald Haber, Haber & Roth, Miami, FL, for Petitioner.

Anh-Thu P. Mai, Norah Ascoli Schwarz, Donald A. Couvillon, David V. Bernal, Anthony Cardozo Payne, Office of Imm. Lit./U.S. Dept. of Justice, John Ashcroft, U.S. Atty. Gen., Washington, DC, Daniel Vara, Chief Legal Office, INS, Miami Dist., Miami, FL, for Respondents.

Before EDMONDSON, FAY and NEWMAN, Circuit Judges.

FAY, Circuit Judge:

I. Introduction

Lorna Karen Marcella Moore ("Petitioner") seeks review of a decision by the Board of Immigration Appeals ("BIA") that she is an aggravated felon subject to removal from the United States. Petitioner raises two issues. First, she argues that her conviction for misapplication of auction drafts by a bank employee in violation of 18 U.S.C. § 656 is not an aggravated felony as defined in § 101(a)(43)(M)(i) of the...

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