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ADEFEMI v. ASHCROFT

No. 00-15783.

386 F.3d 1022 (2004)

Albert ADEFEMI, Petitioner-Appellant, v. John ASHCROFT, as Attorney General of U.S., Ms. Rosemary Melville, as the District Director for INS, United States Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 28, 2004.

Attorney(s) appearing for the Case

Michael G. Smith (Court-Appointed), Fort Lauderdale, FL, for Petitioner-Appellant.

Daniel Meron, Regina Byrd, Ernesto H. Molina, Jr., David V. Bernal, U.S. Dept. of Justice/Civ. Div./OIL, Washington, DC, Edward P. Lazarus, William A. Norris, Akin, Gump, Strauss, Hauer & Feld, LLP, Los Angeles, CA, for Respondents-Appellees.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

Albert Adefemi, a citizen of Nigeria, petitioned this court for review of a decision by the Board of Immigration Appeals ("BIA"), challenging its determination that Adefemi could be deported on the basis of a firearms offense.1 The main issue on appeal is whether the Immigration and Naturalization Service ("INS") presented sufficient evidence for the BIA to conclude that the INS demonstrated Adefemi's conviction...

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