RESENDIZ-ALCARAZ v. U.S. ATTY. GEN.

No. 03-13275.

383 F.3d 1262 (2004)

Fidencio RESENDIZ-ALCARAZ, Petitioner, v. U.S. ATTORNEY GENERAL, John Ashcroft, Respondent.

United States Court of Appeals, Eleventh Circuit.

September 10, 2004.


Attorney(s) appearing for the Case

Eduardo Rigoberto Soto, Coral Gables, FL, for Petitioner.

Kurt B. Larson, David V. Bernal, Andrew C. MacLachlan, U.S. DOJ, OIL-Civ. Div., Washington, DC, for Respondent.

Before BLACK and MARCUS, Circuit Judges, and SMITH, District Judge.


BLACK, Circuit Judge:

Petitioner Fidencio Resendiz-Alcaraz, an alien present in the United States without being admitted or paroled, was convicted of a controlled substance offense in state court. The conviction was expunged after Petitioner served one year of probation. Subsequently, the Immigration and Naturalization Service (INS) initiated removal proceedings against Petitioner, which resulted in an order of removal that was affirmed by the Board of Immigration...

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