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GARCIA-LOPEZ v. ASHCROFT

No. 02-70200.

334 F.3d 840 (2003)

Erwin Estuardo GARCIA-LOPEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2003.

Attorney(s) appearing for the Case

Matt Adams, Northwest Immigrant Rights Project, Granger, WA, for the petitioner.

Kurt B. Larson (argued) and Ernesto H. Molina, Jr. (briefed), Office of Immigration Litigation, Washington, DC, for the respondent.

Before LAY, FERGUSON, and GOULD, Circuit Judges.

FERGUSON, Circuit Judge:

Erwin Estuardo Garcia-Lopez petitions from a final order of deportation entered by the Board of Immigration Appeals ("BIA"). Garcia-Lopez contends that the BIA erred when it determined that he was ineligible for suspension of deportation under the Immigration and Nationality Act (INA)'s "petty offense" exception. See 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (1996). Specifically, Garcia-Lopez asserts...

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