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TORRES-RASCON v. HESTON

No. 02-3378.

339 F.3d 633 (2003)

Salvador TORRES-RASCON, Appellant, v. Michael HESTON, District Director of Kansas City District Office of Immigration and Naturalization Service; James W. Ziglar, Commissioner of Immigration and Naturalization Service; John Ashcroft, Attorney General of the United States, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2003.

Attorney(s) appearing for the Case

Robert Frager, argued, Kansas City, MO, for appellant.

Jeffrey P. Ray, argued, Kansas City, MO, for appellee.

Before HANSEN, Chief Judge, RILEY and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

Salvador Torres-Rascon is a Mexican citizen who entered the United States in 1965 and became a lawful permanent resident. In 1991, he pleaded guilty to federal charges of distributing and conspiring to distribute cocaine, and he was sentenced to ninety-seven months in prison. When Torres-Rascon was released from prison in 1998 after serving seventy-eight months of his sentence, he was taken into custody by the Immigration and Naturalization...

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