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PATEL v. U.S. ATTY. GEN.

No. 02-12662.

334 F.3d 1259 (2003)

Mahendrabhai Bholabhai PATEL, Petitioner, v. U.S. ATTORNEY GENERAL, Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Eleventh Circuit.

June 27, 2003.

Attorney(s) appearing for the Case

Robert D, Kolken, Eric W. Schultz, Buffalo, NY, for Petitioner.

Greg D. Mack, M. Jocelyn Lopez Wright, Kurt B. Larson, Emily A. Radford, U.S. Dept. of Justice, Civ. Div., OIL, Washington, DC, for Respondents.

Before BLACK, RONEY and STAPLETON, Circuit Judges.

STAPLETON, Circuit Judge:

I.

Mahendrabhai Bholabhai Patel, a citizen of India, was convicted by a Georgia state court of simple battery and sexual battery. In 1995, Patel was sentenced for these crimes to one year in jail with all but 16 days of the sentence suspended. In May of 2000, the INS issued Patel a Notice to Appear, charging him with being removable as an alien convicted of an aggravated felony. Patel signed a declaration waiving his right to a...

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