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NORIEGA-LOPEZ v. ASHCROFT

No. 01-17525.

335 F.3d 874 (2003)

Javier NORIEGA-LOPEZ, Petitioner-Appellant, v. John ASHCROFT, Attorney General; Charles Demore; Lori Scialabba, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2003.

Attorney(s) appearing for the Case

James Todd Bennett, El Cerrito, California, for the petitioner-appellant.

Greg D. Mack and Michelle Slack, Civil Division, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for the respondents-appellees.

Before NOONAN, BERZON, and TALLMAN, Circuit Judges.

BERZON, Circuit Judge.

Javier Noriega-Lopez is a citizen and national of Mexico admitted to the United States as a lawful permanent resident alien about thirty-six years ago. In March 2000, Noriega-Lopez was convicted of felony possession of heroin for sale in violation of California Health and Safety Code § 11351, an offense classified as an aggravated felony and a controlled substance offense under the Immigration and Nationality Act ("INA"). See 8 U...

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