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FERNANDEZ-BERNAL v. ATTORNEY GENERAL OF U.S.

No. 99-15373.

257 F.3d 1304 (2001)

Luis Ernesto FERNANDEZ-BERNAL, Petitioner, v. ATTORNEY GENERAL OF THE UNITED STATES, Office of Immigration and Naturalization, Respondents.

United States Court of Appeals, Eleventh Circuit.

July 19, 2001.

Attorney(s) appearing for the Case

Mark J. Labate, Fort Lauderdale, FL, for Petitioner.

Anthony Cardozo Payne, David V. Bernal, U.S. Dept. of Justice, Office of Immigration Litigation Station, Washington, DC, for Respondents.

Before CARNES and MARCUS, Circuit Judges, and HAND, District Judge.

CARNES, Circuit Judge:

Luis Ernesto Fernandez-Bernal, a foreign national who is a permanent lawful resident of this country, has been convicted of a controlled substance offense in state court. Because of that conviction, he was ordered removed from the United States, and that removal order was affirmed by the Board of Immigration Appeals. He has petitioned us for review, contending that the expungement of his state court conviction means he should not be removed...

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