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HERNANDEZ v. RENO

Nos. 99-2046, 99-2102.

238 F.3d 50 (2001)

Carlos Antonio HERNANDEZ, Petitioner, Appellant, v. Janet RENO, Attorney General of the United States, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided January 26, 2001.

Attorney(s) appearing for the Case

Randy Olen, for petitioner.

Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Department or Justice, with whom David W. Ogden, Assistant Attorney General, Civil Division, and Emily Anne Radford, Assistant Director, were on brief for respondents.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOUDIN, Circuit Judge.

Carlos Hernandez is a native and citizen of the Dominican Republic who entered the United States as an immigrant in 1982. In 1989, Hernandez was convicted in state court of distributing cocaine. As a result, the INS commenced deportation proceedings against Hernandez, charging him with being removable under section 241 of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1251 (1988), because his conviction qualified as an aggravated...

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