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VASQUEZ-VELEZMORO v. U.S. I.N.S.

No. 01-2032.

281 F.3d 693 (2002)

Edwin Atilio VASQUEZ-VELEZMORO, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: March 1, 2002.

Attorney(s) appearing for the Case

Phillip F. Fishman, argued, Minneapolis, MN, for petitioner.

Julia K. Doig, argued, U.S. Dept. of Justice, Washington, DC (Francis W. Fraser, U.S. Dept. of Justice, Office of Immigration Litigation, on the brief), for respondent.

Before BYE, RICHARD S. ARNOLD, and BEAM, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

The petitioner, Edwin Atilio Vasquez-Velezmoro, appeals the decision of the Board of Immigration Appeals (BIA) that his drug conviction makes him ineligible for cancellation of removal proceedings. He argues that because his conviction was expunged under Texas law, it is not a "conviction" for immigration purposes. His argument proceeds as follows: (1) If he had committed the same unlawful...

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