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KHALAYLEH v. I.N.S.

No. 01-9504.

287 F.3d 978 (2002)

Khalid KHALAYLEH, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Tenth Circuit.

April 23, 2002.

Attorney(s) appearing for the Case

Jim Salvator, Lafayette, CO, for Petitioner.

Christine A. Bither, Senior Litigation Counsel (Robert D. McCullam, Jr., Assistant Attorney General, and Margaret J. Perry, Senior Litigation Counsel, with her on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondent.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and HARTZ, Circuit Judge.

HARTZ, Circuit Judge.

On April 14, 2000, Petitioner Khalid Khalayleh, a resident alien at the time, was convicted of bank fraud. An immigration judge ruled that Petitioner's offense constituted an "aggravated felony," as defined by the Immigration and Nationality Act, and ordered his removal from the United States in accordance with 8 U.S.C. § 1227(a)(2)(A)(iii) ("Any alien who is convicted of an aggravated felony at...

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